Government of India
Ministry of Law and Justice
(Department of Justice)
An Analysis of Pendency of Cases in Family Courts of
Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India
Bhadbhada Road, Suraj Nagar
Bhopal-462044, Madhya Pradesh
Website: www.nja.nic.in
January 2020
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India
About this report
This report is the outcome of a research project funded by Department of Justice,
Ministry of Law and Justice, Government of India under the Plan Scheme for Action
Research and Studies on Judicial Reforms to promote research and studies on the
issues related to the National Mission for Justice Delivery and Legal Reforms
undertaken by the National Judicial Academy, India, Bhopal.
Research Team
Mr. S.P Shrivastava, Professor, National Judicial Academy, NJA Bhopal
Mr. Prasidh Raj Singh, Law Associate, NJA Bhopal
Ms. Nitika Jain, Law Associate, NJA Bhopal
Research Supervisor
Prof D.P Verma
Additional Director (Research & Training), NJA Bhopal
Project report submitted to
Government of India
Ministry of Law and Justice (Department of Justice), New Delhi
(Under the Scheme for Action Research and Studies on Judicial Reforms)
Submitted by
National Judicial Academy, India
Bhadbhada Road, Suraj Nagar
Bhopal-462044, Madhya Pradesh
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India i
FOREWORD
Family and marriage are the two most fundamental and vital institutions of social
organization in India. Society has evolved progressively in family matters from the
time when marriages were considered a sacred affair and divorce was considered not
an option. In contemporaneous society permanence and the inviolability of marriage
has eroded, breakdown of family relationship is common and divorce has become a
selected choice. Therefore, a robust family justice system is critical to addressing the
wide range of litigation involved in this area.
The Family Court is a vibrant and exciting branch of justice delivery system
having great influence on the lives of families and children. The purpose of
establishing these specialized courts is speedy settlement of family disputes through
conciliation and achieving socially desirable results by adopting simplified
procedures. Timely disposal of family cases is essential for providing an immediate
relief to the parties and maintaining the rule of law, providing access to justice which
is a guaranteed fundamental right.
The report is an outcome of research undertaken by the National Judicial
Academy, India under the Scheme for Action Research and Studies on Judicial
Reforms of the Department of Justice, Ministry of Law and Justice, Government of
India, New Delhi. This is an in-depth research covering areas on overall functioning
of Family Courts in the State of Madhya Pradesh; and identifying institutional and
capacity gaps causing delay in speedy dispensation of justice in family dispute matters.
The research report proposes suggestions addressing core issues and challenges in
these courts which can be made workable in the current scheme of Family Courts in
Madhya Pradesh. The suggestions include some policy and procedural changes to
reduce pendency not alone in Family Courts of Madhya Pradesh but a similar model
may be implemented across States to address delay in these specialized courts.
The report stands out in presenting the information collected from Judges of
Family Courts and other stakeholders like mediators and counsellors in simple and
understandable language. The workable suggestions proposed are designed to
reconceptualise our approach to Family Court reform which could be segregated and
implemented in present and as futuristic goals to bring these courts to levels of greater
excellence.
Justice (Retd) G. Raghuram
Director
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India ii
EXECUTIVE SUMMARY
The judiciary is entrusted to uphold the right and liberty of each individual in the
contemporary era of globalization. The robust judiciary not only balances the societal
demand, but brings stability and sense of reliability in the speedy dispensation of
justice. However, the current crisis of pendency in courts raised a plethora of
substantial issues pertaining to their effective functioning. Therefore, bottlenecks are
required to be addressed to remove the existing impediments in speedy justice. The
entire purpose for establishing a specialized court is to provide a forum for redressal
which is more family oriented with involvement simplified process and procedures.
Certainly the purpose is not achieved and leave courts open for regular and long-
lasting proceedings. Family Court plays an important role in the life of an individual
undergoing breakdown of marriage and children affected. With this intent, the Family
Court Act 1984 was formulated to provide accessible and litigant friendly courts with
expedited disposal of family disputes matters. Therefore, the present study analyses
the impact of these specialized courts to determine how effectively it has accomplished
its purpose and objectives. The study was conducted with this background.
The intent and purpose of the Act was identified through preliminary study followed
by analysis of pendency by collecting secondary data from the National Judicial data
grid to find out the core areas causing delay in Family Courts and needs to be addressed
in depth. The pendency was further categorized and sub-categorized into civil and
criminal matters falling under specific provisions of different legislations.
Subsequently, a questionnaire was prepared focusing on areas identified including
impact of training, reasons for delay from institution till judgment, effectiveness of
alternative dispute resolution mechanism, use of information and communication
technology, and role of advocates in family disputes. Based on the responses received
the districts with pendency on higher side were identified for conducting field study.
Data pertaining to status of available infrastructure in Family Courts was collected.
Further, courtroom proceedings were observed along with effectiveness of mediation
and counselling was studied. The focus was on studying the overall functioning of
Family Courts in Madhya Pradesh to highlight the reasons for pendency.
Subsequently, a study of Family Courts functioning in different jurisdictions was
undertaken to identify best practices which could be adopted in the existing framework
of Family Courts to bring then to excellence. Based on the research, various workable
suggestions and recommendations have been put forth through this report.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India iii
ACKNOWLEDGEMENT
The present research is undertaken by the National Judicial Academy, India, Bhopal
pursuant to the approval of the Hon’ble Chairperson of the NJA under the Scheme for
Action Research and Studies on Judicial Reforms of the Department of Justice,
Ministry of Law and Justice, Government of India, New Delhi. The research was
undertaken from 18 December 2019 to 31 January 2020. The Family Courts of
Madhya Pradesh were taken up as the field of study. The study was indeed a learning
experience for the research team. The study could not have been completed without
the assistance and commitment provided by them.
We are immensely grateful to the Department of Justice, Ministry of Law and Justice,
Government of India, New Delhi for giving us the opportunity and requisite resources
to undertake the study on project tilted “An Analysis of Pendency of Cases in Family
Courts of Madhya Pradesh and Methods to Reduce Pendency”. We take this
opportunity to express our appreciation to Mr. C.K. Reejonia, Joint Secretary,
Department of Justice for his patient follow-ups and handling our queries at all time.
We would like to convey our sincere gratitude to the former Chief Justice of India,
Hon’ble Justice Ranjan Gogoi, the then Chairperson of National Judicial Academy,
India, Bhopal for granting his kind approval to undertake the research project by the
Academy.
We are very grateful to Justice G. Raghuram, Hon’ble Director of the National Judicial
Academy in expressing his confidence in us and providing continuous support at all
stages to carry out this project satisfactorily.
We are indebted to the Hon’ble Justice S.K. Seth, Former Chief Justice of Madhya
Pradesh High Court, for granting his permission and assistance to conduct the study
of Family courts under the jurisdiction of the Madhya Pradesh High Court. It is only
due to assistance from the Madhya Pradesh High Court the task of conducting field
study could be carried out smoothly. We are also thankful to Shri B.P Sharma,
Registrar (D.E.), for his help and coordination to circulate the questionnaire to all
presiding judges of family courts of Madhya Pradesh which facilitated us in collecting
data in time.
We wish to express our sincere gratitude and appreciation to the Principal and
Additional Judges of Family Courts of Madhya Pradesh who provided their honest
opinions on institutional gaps and suggestions on measures to address pendency. The
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India iv
study became possible only due to the enthusiastic participation of these Family Court
Judges. Apart from patiently filling up the questionnaire, many of them were generous
in sharing their experiences. We are especially thankful to Principal Judges of the
Family Court of Bhopal, Gwalior, Katni, and Indore who despite their busy schedule
met the research team, provided their assistance and support to undertake the field
study in respective Family Courts. We also thank the Principal Judge of Sidhi Family
Court for providing telephonic assistance as and when needed and patiently addressed
our queries on functioning of Family Courts.
We thank mediators and counsellors associated with Family Courts of Madhya
Pradesh to guide us and provide insights on the area of Alternative Dispute Resolution
mechanism in these specialized courts.
We are extremely thankful to Prof D.P. Verma, Additional Director (Research &
Training), National Judicial Academy for his supervision and guidance in all possible
ways to carry out the research and follow firm timelines. It is only due to his immense
knowledge, patient assistance and direction that we were able to complete the study
successfully.
We are thankful to Mr. K. Uthirapathy, Registrar (Administration), National Judicial
Academy for his continuous support, participation and kind suggestions at various
stages during the study. We appreciate the efforts of Mr. Avinash Chaudhary, Chief
Account officer, National Judicial Academy and his team for helping with
administrative matters.
Last but not the least we are very thankful to our colleagues at the Academy for their
continuous support throughout and the administrative staff of the Academy Mr.
Kishore Vaishnav, Ms. Shikha Saxena, Ms. Akanksha Wankhede and Mr. Nishant
Sharma.
Mr. S.P. Shrivastava
Mr. Prasidh Raj Singh
Ms. Nitika Jain
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India v
LIST OF CHARTS
Chart No. 1: Prior Training before Joining the Family Court
Chart No. 2: Stages contributing to delay
Chart No. 3: Institution phase
Chart No. 4: Trial Phase
Chart No. 5: Judgment phase
Chart No. 6: Details regarding number of cases instituted in the year 2015
Chart No. 7: Details regarding number of cases instituted in the year 2016
Chart No. 8: Details regarding number of cases instituted in the year 2017
Chart No. 9: Details regarding number of cases instituted in the year 2018
Chart No. 10: Details regarding number of cases instituted in the year 2019
(till May)
Chart No. 11: Number of cases filed under various categories for the years
2015-2016, 2016-2017 (consolidated)
Chart No. 12: Complex cases which tends to get delayed
Chart No. 13: Cases pending for 5 to 10 years
Chart No. 14: Cases pending for 10 years and above
Chart No. 15: Total number of cases pending for 5 years and above
Chart No. 16: Reasons for cases pending
Chart No. 17: Trial within six months from the date of service of notice as
stipulated under Sec. 21 of the Hindu Marriage Act.
Chart No. 18: Average cases put up on daily board/register
Chart No. 19: Time assigned for oral hearing
Chart No. 19.1: Adherence to time assigned
Chart No. 20: Recovery of maintenance amount
Chart No. 20.1: Maintenance amount paid directly to claimant
Chart No. 20.2: Receipt kept on record
Chart No. 21: Uniform and systematic mechanism for prioritization of cases
Chart No. 22: Family court cases be categorized on the basis of urgency
Chart No. 22.1: Whether cases are categorize on basis of urgency
Chart No. 23: In house mechanism to monitor the progress of case in
respective courts
Chart No. 24: Court annexed mediation center
Chart No. 25: Willingness of parties to settle dispute through Alternative
Dispute Resolution
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India vi
Chart No. 26: Reasons for parties not resorting to Alternative Dispute
Resolution
Chart No. 27: Efficiency of Lok-Adalats in matrimonial disputes
Chart No. 28: Electronic Filing
Chart No. 29: E-filing & Information and Communication Technology
Chart No. 30: Internet connectivity in Family Courts of Madhya Pradesh
Chart No. 31: In-camera trial in Family Courts
Chart No. 32: Whether cases are updated on National Judicial Data Grid
Chart No. 33: Availability of video conferencing facility at various Family
Courts of Madhya Pradesh
Chart No. 34: How parties/Advocates informed of their case status
Chart No. 35: Court Annexed Coordination Center to track service of notice
Chart No. 36: Adjournments in Family Cases
Chart No. 37: Optimum Assistance from the Bar
Chart No. 38: Additional charge or Administrative Responsibility
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India vii
LIST OF TABLES
Table No. 1: Total criminal cases pending for three years and above
Table No. 2: Categorization of cases based on different legislations
Table No. 2.1: Cases pending from 5 to 10 years under the Hindu Marriage Act
Table No. 2.2: Cases pending from 10 to 20 years under the Hindu Marriage
Act
Table No. 3: Year wise breakup of cases instituted (2015-2018)
Table No. 4: Criminal cases pending in between 3 to 5 years (Categorization
of Criminal Cases – District Wise Pendency
Table No. 4.1: Criminal cases pending in between to 5 to 10 years
(Categorization of Criminal Cases – District Wise Pendency
Table No. 4.2: Criminal cases pending in between to 10-20 years
(Categorization of Criminal Cases – District Wise Pendency
Table No. 5: Civil cases pending in between to 3 to 5 years (Categorization
of Civil Cases – District Wise Pendency
Table No. 5.1: Civil cases pending in between to 5 to 10 years (Categorization
of Civil Cases – District Wise Pendency
Table No. 5.2: Civil cases pending in between to 10 to 20 years
(Categorization of Civil Cases – District Wise Pendency
Table No. 6: Prior postings of judicial officers
Table No. 7: Average time taken at various stages under the institution phase
Table No. 8: Average time taken at various stages under the trial phase
Table No. 9: Average time taken at various stages under the judgment phase
Table No. 10: Summary of stages causing delay.
Table No. 11: Details regarding timeline for cases in Family Courts
Table No. 12: Number of cases disposed of by Family Courts of Madhya
Pradesh in 2017 and 2018.
Table No. 13: Institution and Disposal analysis
Table No. 14: Average number of cases instituted versus cases disposed by
Family Courts in Madhya Pradesh
Table No. 15: Category wise filing in Family Courts for the year 2015-2016
Table No. 16: Category wise filing in Family Courts for the year 2016-2017
Table No. 17: Category wise filing in Family Courts for the year 2017-2018
Table No. 18: Cases pending under Sec. 125 of the CrPC and reasons for delay
Table No. 19: Infrastructure at Family Courts of Madhya Pradesh
Table No. 20: Various legislations for Family Justice Courts of Singapore
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India viii
Table No. 21: Number of cases handled by Family Court Justice of Singapore
Table No. 22: Timelines followed by Family Justice Courts of Singapore
Table No. 23: Original jurisdiction caseload during 2016–2017 of Australian
Family Courts
Table No. 24: Statistics pertaining to applications filed and finalized,
judgment delivered in Australia’s Family Court during the year
2017-2018
Table No. 25: Undefended Family Court Statistics of New Zealand Family
Courts
Table No. 26: Defended Family Court Statistics of New Zealand Family Court
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India ix
CONTENTS
Foreword ...................................................................................................................... i
Executive Summary ...................................................................................................ii
Acknowledgement .................................................................................................... iii
List of Charts .............................................................................................................. v
List of Tables .............................................................................................................vii
CHAPTER - ONE ...................................................................................................... 1
Introduction .................................................................................................................. 1
1. Significance of the Research ................................................................................ 5
2. Objective of the Research .................................................................................... 6
3. Universe of the Research ..................................................................................... 7
4. Research Methods .............................................................................................. 10
(A) Primary Data ............................................................................................... 10
(B) Secondary Data ........................................................................................... 11
5. Scope and Limitation of the Study .................................................................... 11
6. Structure of the Research Report ....................................................................... 12
CHAPTER-TWO ..................................................................................................... 13
Criminal Cases ..................................................................................................... 14
Civil Cases ............................................................................................................ 15
Institution v. Disposal .......................................................................................... 16
Categorization of Criminal Cases – District Wise Pendency ............................... 17
Categorization of Civil Cases – District Wise Pendency ..................................... 22
CHAPTER-THREE ................................................................................................. 32
1. About the Questionnaire ................................................................................... 32
2. Training, Prior Posting and Qualifications ....................................................... 34
3. Reasons for Delay causing Pendency ............................................................... 39
(A) Institution Phase .......................................................................................... 42
(B) Institution of Suit ........................................................................................ 42
(C) Judgment Phase ........................................................................................... 49
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India x
(i) Institution of Cases from 2015-2019 ...................................................... 51
(ii) Legal Representation in Family Matters ............................................... 71
(iii) Court and Case Management ............................................................... 72
(iv) Alternative Dispute Resolution (ADR) Mechanism .............................. 78
4. Information and Communication Technology (ICT) in Family Courts ........... 86
5. Adjournment ...................................................................................................... 96
6. Optimum Assistance from Bar .......................................................................... 97
7. Additional Responsibility and Suggestions by Family Court Judges ................ 98
(A) Adequate Staff and Distribution of work in Family Courts ....................... 99
(B) Suggestions by Family Court Judges .......................................................... 99
CHAPTER-FOUR .................................................................................................. 102
1. Court Proceedings in four Family Courts ........................................................ 102
2. Interview with Principal Judges and Additional Family Court Judges ........... 103
3. Study of Case Files .......................................................................................... 104
4. Interview with the mediators and counsellors and observation of counselling
and mediation sessions......................................................................................... 110
5. Inspection of Infrastructure .............................................................................. 111
CHAPTER FIVE .................................................................................................... 113
1. Singapore ......................................................................................................... 113
(A) Learnings from Singapore ........................................................................ 115
(i) Confidentiality ...................................................................................... 116
(ii) Length of sessions ................................................................................ 116
2. Australia ........................................................................................................... 117
(A) Strategic Objectives of Family Court ....................................................... 117
(B) Measurable Goals ...................................................................................... 119
(C) Learnings from Australia .......................................................................... 120
3. New Zealand .................................................................................................... 122
(A) Changes made by 2014 Reforms .............................................................. 125
(B) Undefended Family Court Statistics ......................................................... 125
(C) Defended Family Court Statistics ............................................................. 126
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India xi
(D) Learnings from New Zealand ................................................................... 126
(i) Parenting through separation .............................................................. 127
(ii) Family Legal Advice Service ............................................................... 127
4. United Kingdom .............................................................................................. 127
(A) Power and Jurisdiction .............................................................................. 128
(B) Qualification and Role of Judges .............................................................. 130
(C) Family Court Statistics .............................................................................. 131
(i) Public law ............................................................................................. 131
(ii) Private law .......................................................................................... 131
(iii) Legal Representation .......................................................................... 131
(iv) Divorce ............................................................................................... 131
(v) Adoption ............................................................................................... 132
(D) Learnings from United Kingdom .............................................................. 132
5. United States .................................................................................................... 134
CHAPTER-SIX ...................................................................................................... 137
Conclusion ............................................................................................................. 137
Suggestions ............................................................................................................ 138
I. Three "S": Specialized Court, Specialized Judges and Specialized Training ….
………………………………………………………………………………...139
II. Mediation and Counselling in Family Courts .............................................. 144
III. Court and Case Management ...................................................................... 150
IV. ICT in Family Courts .................................................................................. 152
V. Addressing Pendency ................................................................................... 155
VI. Infrastructure Improvements in Family Courts of Madhya Pradesh .......... 160
BIBLIOGRAPHY .................................................................................................. 162
Annexure 1: Suggestive List of Topics for Continious Training Modules for Family Court Judges
Annexure 2: Court User Satifaction Survey 2014, Family Court of Australia (Extract-Appendix A)
Annexure 3: Sample of Family Court website of Australia, Singapore, New Zealand and United Kingdom
Annexure 4: Questionnaire
Annexure 5: Family Courts (Other Qualification for Appointments of Judges) Rules, 1988
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India xii
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 1
CHAPTER - ONE
INTRODUCTION
The family justice system increasingly finds itself attempting to respond to changes in
family life.1 Dramatic changes in the structure of the family have occurred in the past
few decades.2 Family roles and relationships also have transformed as the structure of
the family has altered. These changes in family roles and relationships both arise from
and contribute to the redefined functions the family now performs. The increased
mobility of contemporary families often results in a loss of stability for family
members.3
In the last thirty years, family matters have undergone numerous changes starting from
divorce to child custody, property disputes, demands of maintenance and other dispute
areas pertaining to a family with the change in society. With matters relating to
separation and divorce comes bigger question of welfare of children from these
disturbed marriages which have emerged as a concern over the years. With the influx
of cases pertaining to family disputes and unsettled situation of dealing with these
matters due to their complex nature, the already burdened courts are flooded,
inefficient and under resourced to deal with the intricacies involved in family matters.
It is well established that family disputes are complex and peculiar in nature, therefore,
requires much time and attention before reaching to a conclusion in any case. The
litigation involved in these matters is a traumatic experience for the families as well
as children involved. Thus, informal hearing and quick disposal is essential
requirement in family dispute cases.
The Law Commission of India in its 59th Report (1974) stressed for adoption of an
approach in family dispute matters radically different from that adopted in ordinary
civil proceedings and to make reasonable efforts to arrive at settlement before
commencement of the trial. The Code of Civil Procedure was amended in 1976 to
1 State Justice Institute, State Court. Caseload Statistics Annual Report, 1992 (Feb. 1994), cited in Amy
Stevens, The Business of Law: Lawyers and Clients; More Than Just Torts, Wall Street Journal., July
1, 1994, at B6; see also Gary B. Melton, Children, Families, and the Courts in the Twenty First Century,
66 Southern California. Law Review. 1993, 2006-07 (1993) (predicting that family law cases will
increase and are likely to become more difficult). 2 Mary Ann Glendon, The Transformation of Family Law: State, Law, and Family in the United States
And Western Europe 4 (1989). 3 Janet M. Bowermaster, “Sympathizing with Solomon: Choosing Between Parents in a Mobile
Society”, 31 University Louisville Journal of Family Law. 791, 795-96 (1992-93)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 2
provide for a special procedure to be adopted in suits or proceedings relating to matters
concerning the family. However, not much use has been made by courts in adopting
this conciliatory procedure and courts continues to deal with family disputes in the
same manner as other civil matters with prevailing adversary approach. In 1975, the
Committee on the Status of Women recommended that all matters concerning the
‘family' should be dealt with separately.4
Thereafter, considering the nature of disputes, a separate and special court was
established under the Family Court Act, 1984 (hereinafter referred to as the Act) giving
a separate space for family disputes where the court is dedicated to deal with family
matters excluding other civil and criminal jurisdiction. The Act was enacted to achieve
manifold objectives such as decongestion of ordinary trial courts and providing
amicable environment for resolving family disputes. The Act provides for
establishment of Family Courts by the State Government in consultation with High
Court, to promote conciliation and secure speedy settlement of disputes relating to
marriage and family affairs and matters connected therewith. Under Sec. 3(1)(a) of the
Act, it is mandatory for the State Government to set up a Family Court for every area
in the State comprising a city or a town whose population exceeds one million. In other
areas of the States, the Family Courts may be set up if the State Governments deem it
necessary.
The main objectives and reasons for setting up of Family Courts are to:
(i) create a specialized court which will exclusively deal with family matters
so that such a court may have the necessary expertise to deal with these cases
expeditiously. Thus expertise and expedition are two main factors for
establishing such a court;
(ii) institute a mechanism for conciliation of the disputes relating to family;
(iii) provide an inexpensive remedy; and
(iv) flexibility and an informal atmosphere in the conduct of proceedings
The Family Courts in India have become last resort for families in dispute when they
have nowhere else to approach for addressing their issues. Families are at stake and
4 Family Courts (Report on Working of Family Courts and Model Family Courts), National Commission
for Women, Report of the Workshop, March 2002
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 3
much more responsibilities lies on the shoulder of judiciary to make the wheel
spinning in right direction. Over passage of time Family Courts in India have retuned
the interpretation of law to fit family disputes within societal demands towards
betterment and reorganizing families seeking relief.
The purpose of establishing Family Court as special court was to provide speedy
settlement of dispute by non-adversarial and multi-disciplinary approach. It was
emphasized that alternative dispute resolution mechanism like conciliation &
mediation should be resorted to in such matters to minimize court intervention and
facilitate amicable settlement amongst parties. Also, it was aimed that Family Court
should include gender sensitized personnel including Judge in charge, social workers
and trained staff of these courts.5 The Family Court were expected to operate with
flexible rules & procedures, and simplified norms of evidence to provide non-litigating
environment for benefit of both the parties in resolving their dispute.
The Act makes it obligatory on the part of a Family Court judge to make an endeavor
in the first instance to effect a reconciliation or a settlement between the parties to a
family dispute subject to the circumstances of each case. It was suggested that family
dispute matters must be sent for pre-litigation conciliation where proceedings should
be informal and rigid rules of procedure shall not be applied.6 Further, to achieve the
objectives of setting up these special courts, it was laid down in Sec. 13 of the Act that
parties to a dispute before a family court shall not be entitled as matter of right to be
5 The Family Court Act: Sec. 5. Association of social welfare agencies, etc.
The State Government may, in consultation with the High Court, provide, by rules, for the association,
in such manner and for such purposes and subject to such conditions as may be specified in the rules,
with a Family Court of—
(a) institutions or organizations engaged in social welfare or the representatives thereof;
(b) persons professionally engaged in promoting the welfare of the family;
(c) persons working in the field of social welfare; and
(d) Any other person whose association with a Family Court would enable it to exercise its
jurisdiction more effectively in accordance with the purposes of this Act. 6 Ibid., Sec. 9. Duty of Family Court to make efforts for settlement.
(1) In every suit or proceeding, endeavor shall be made by the Family Court in the first
instance, where it is possible to do so consistent with the nature and circumstances of the case,
to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of
the suit or proceeding and for this purpose a Family Court may, subject to any rules made by
the High Court, follow such procedure as it may deem fit.
(2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a
reasonable possibility of a settlement between the parties, the Family Court may adjourn the
proceedings for such period as it thinks fit to enable attempts to be made to effect such a
settlement.
(3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of,
any other power of the Family Court to adjourn the proceedings.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 4
represented by a legal practitioner and only if required the judge may appoint a legal
expert as amicus curiae. Considering the intimate nature of these cases the court may
take assistance of medical and welfare experts as required. There is also a provision
under Sec. 11 of the Act for an in-camera proceedings which can be ordered if parties
desire. Likewise, there are various others provisions in the Act to ensure speedy
disposal of family dispute matters.
Along with the Act, each state has their own rules applicable to Family Courts under
the jurisdiction of respective High Courts. Sec. 7 of the Act states that a Family Court
shall have the power and jurisdiction exercisable by any district court or any
subordinate civil court in suits and proceedings of the nature referred to in the
explanation to Sec. 7(1) of the Act.
Nullity of Marriage: A suit or proceeding between the parties to a marriage
for a decree of nullity of marriage (declaring the marriage to be null and void
or, as the case may be, annulling the marriage) or restitution of conjugal rights
or judicial separation or dissolution of marriage;
Validity of Marriage and Matrimonial Status of a Person: A suit or
proceeding for a declaration as to the validity of a marriage or as to the
matrimonial status of any person;
Property Disputes: A suit or proceeding between the parties to a marriage
with respect to the property of the parties or of either of them;
Order/ Injunction arising out of Marital Relationship: A suit or proceeding
for an order or injunction in circumstance arising out of a marital relationship;
Declaration of Legitimacy of any Person: A suit or proceeding for a
declaration as to the legitimacy of any person;
Maintenance: A suit or proceeding for maintenance; and
Guardianship/ Custody of Minor: A suit or proceeding in relation to the
guardianship of the person or the custody of, or access to, any minor.
The above category can be divided into two broad heads;
- civil and,
- criminal whereby, the suits pertaining to maintenance under Sec. 125 of the
CrPC would fall under the category.
Further, Family Court has the following powers:
Family Courts are empowered to make their own rules and procedure as per
the requirement.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 5
During trial, the presiding judge is not required to record the oral statement of
the witness at length.
The court can receive any document or statement even if not admissible under
the Indian Evidence Act.
Since the present study relates to analyzing pendency in Family Courts of Madhya
Pradesh, it is necessary to understand how a dispute is instituted in Family Courts to
find out the reason for delay from the stage of institution till its final disposal. The
steps for filing a case in the Family Court are as follows:
- Detailed description in the suit about the nature of problem, section involved,
duration of problem, type of intervention sought from Family Court to be
submitted on water marked paper along with court fee.
- An affidavit declaring the facts to be true as mentioned in the suit.
- The suit along with required documents submitted to the registrar of Family
Court, who verifies all relevant documents and then presents it to the Principle
Judge of the Family Court.
- After verification of file and hearing the petition the Principal Judge decides
whether the suit is fit to be registered in family court.
- If the case is registered, then summons is issued to the other party and a date
of hearing is given.
The legal process must operate effectively due to the unique and powerful impact
Family Courts have by intervening explicitly in families and children’s lives. These
courts were setup to incorporate flexible rules and procedures to deal with the complex
and intricate nature of family dispute cases. The liberal procedures and the powers
were entrusted with these Family Courts to make them more accessible, and more
responsive to children, parents and families.7
1. Significance of the Research
The Family Courts were established to fast track the court procedures and provide
quick relief to the parties affected. The Act empowers the presiding judge with
numerous alternatives and powers which can be used as a tool to speed up the matter
without unusual delay. However, the recent facts and figures tell a different story about
7 Barbara A. Babb, Family Courts are here to Stay, So Let’s improve them, Family Court Review, Vol
52, No. 4, October 2014, 642-647
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 6
Family Courts in India. The problem of delay in Family Courts is persistent and it is
increasing rapidly. The courts are flooded with plethora of cases demanding and
seeking remedies. The purpose of the Act to set up a separate court dealing specifically
with family matters and provide quick relief is not achieved as it was expected. The
court has become another civil court where the load of procedures and slow pace of
hearing have encroached the trial proceedings. These courts are now suffocating with
huge pendency and low disposal rate.
It is important to note that the state of Kerala has the highest number of pendency
(52436) followed by Madhya Pradesh and Bihar. This is an alarming state where the
pendency is accumulated every day but the courts are deficient to dispose-off the cases
within stipulated time period.
It is a matter of concern that Family Courts in the country are still lacking from
uncertainties and gaps that are yet to be bridged. Therefore, the present study focuses
to abridge the institutional and capacity gap by proposing measures to make litigant
friendly and accessible Family Courts, such as upgrading them with ICT, adopting
simplified procedure, and expeditious process & procedures to facilitate speedy
disposal. Thereby reducing the pendency in these courts by addressing issues which
are responsible for delay and congestion in the state of Madhya Pradesh. The project
is an attempt to devise a way forward strategy for Family Courts by deliberating upon
the findings of, and recommendations made in this report.
2. Objective of the Research
The study on analysis of pendency of cases in Family Courts of Madhya Pradesh and
methods to reduce pendency was undertaken to achieve the following objectives to:
understand the pattern of pendency in family dispute by categorizing cases and
to identify bottlenecks for the purpose of analysis;
suggest measures to remove identified bottlenecks affecting expeditious
disposal of family cases and factors triggering delay;
find out the efficacy of Alternate Dispute Resolution Mechanism in the system
to address concerns of pendency in Family Courts;
undertake a comparative study of different jurisdictions of common law
countries to suggest best practices; and
recommend policy and procedural change which may be adopted in family
disputes cases.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 7
3. Universe of the Research
The Indian judiciary was saddled with about 3 crore pending cases of which 81 lakh
cases were just a year old and 50 lakh were petty cases such as Motor Vehicle Act
violation. About 25 lakh cases had been pending for more than 10 years which was a
cause of concern as pendency was resulting in a lot of disrepute to the judicial system.8
In view of increasing number of marital disputes, the Supreme Court directed all
Family Courts in the country to dispose-off matrimonial disputes expeditiously,
further pointing that delay in adjudicating of dispute by Family Court will not only be
considered against human rights but also a contravention to the basic embodiment to
the dignity of an individual. Out of total pendency in the Indian courts, approximately
800,000 are pending in family courts of India. Since this report is confined to analysis
of pendency in Family Courts of Madhya Pradesh, the present study limits its data to
pendency and bottlenecks of districts falling under the jurisdiction of the Madhya
Pradesh High Court.
Approximately 40,000 cases are pending in Family Courts of Madhya Pradesh. The
total number of cases falling under 0-1 year are 10185 for civil, and 12174 for criminal.
A total of 9666 cases are pending under 1-3 years as on 26 February 2019. Out of
which 3429 are civil and 6237 are criminal. Under the category 3-5 years (2014-2015),
it was observed that 2360 cases are pending. Further, there are 436 cases pending under
5-10 years and 79 cases pending from 10-20 years. There are two districts Satna and
Sidhi each of them have a case pending for more than 20 years as on 28 February 2019.
The tables below gives an overview of cases pending from 0-1 year, 1-3 years, 3-5
years, 5-10 years, and 10-20 years in 42 Family Courts working under the jurisdiction
of Madhya Pradesh High Court.
8 (2019), ‘Pendency a cause for concern, says CJI’, The Hindu, 04 February, Available at:
https://www.thehindu.com/news/national/andhra-pradesh/pendency-a-cause-for-concern-says-
cji/article26169645.ece Accessed on: 20/09/2019 Note: The data for Family Courts of Indore and Gwalior was not available on the NJDG and hence
not represented in tables below.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 8
Sr.
No. Districts
Between
0-1 year
Between
1 -3 years
Between
3 -5 years
Between
5 -10 years
Between
10 - 20 years
1. Ashoknagar 217 91 20 8 -
2. Balaghat 443 209 19 - -
3. Barwani 82 36 6 - -
4. Bhopal 2838 1462 332 88 20
5. Betul 509 168 87 - -
6. Bhind 608 256 69 22 3
7. Burhanpur 482 202 24 10 -
8. Chhatarpur 461 127 13 2 3
9. Chhindwara 778 468 86 10 1
10. Damoh 485 251 93 1 -
11. Datia 406 86 17 - -
12. Dewas 366 70 13 - -
13. Dhar 341 104 39 - -
14. Dindori 324 143 84 1 1
15. Guna 549 168 26 - -
16. Hoshangabad 301 181 22 1 -
17. Jabalpur 2180 941 195 69 5
18. Katni 747 379 142 42 7
19. Jhabua 188 39 12 - -
20. Khandwa 632 180 43 - -
21. Narsinghpur 417 210 19 1 -
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 9
Sr.
No. Districts
Between
0-1 year
Between
1 -3 years
Between
3 -5 years
Between
5 -10 years
Between
10 - 20 years
22. Mandla 429 272 69 6 1
23. Morena 455 275 79 - -
24. Mandsaur 77 42 4 - -
25. Neemuch 509 168 87 - -
26. Panna 323 99 20 25 -
27. Raisen 144 26 8 - -
28. Rajgarh 456 280 66 16 -
29. Ratlam 570 224 27 - -
30. Rewa 378 230 58 20 -
31. Sagar 415 205 34 23 5
32. Satna 726 400 124 5 -
33. Sehore 380 74 37 - -
34. Seoni 590 223 102 44 30
35. Shahdol 303 148 56 15 -
36. Shajapur 275 75 7 - -
37. Shipuri 434 69 1 - -
38. Sidhi 199 189 80 7 3
39. Singrauli 235 140 37 - -
40. Tikamgarh 467 104 59 27 -
41. Ujjain 915 327 56 14 -
42. Vidisha 261 38 154 27 -
* The above data is collected and collated from National Judicial Data Grid (NJDG)
as on 26 February 2019
Considering the increasing number of disputes coming before Family Courts, it is
apparent from the above table that the level of pendency in Family Courts of Madhya
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 10
Pradesh is consecutively increasing. Since the family which is in dispute is at stake,
any delay would vitiate the purpose for setting up these special courts. Family Courts
in Madhya Pradesh are effectively overwhelmed and disputes relating to separation,
divorce and maintenance are major component of that overload. The result is the
significant delays, and those delays in final resolution increase anxiety and uncertainty
at a time when parents and children need stability to reorganize their lives.
4. Research Methods
A. Primary Data
There are 52 districts in the state of Madhya Pradesh, out of which around 48 districts
have functional Family Courts (additional Family Courts are excluded and some courts
have linked courts for one or more districts).
Sample: Data was collected from all Family Courts of Madhya Pradesh through
questionnaire. The stakeholders for this research are principal judges of Family Court
from different districts of Madhya Pradesh like Ashoknagar, Betul, Bhind, Bhopal,
Burhanpur, Chhatarpur, Chhindwara, Datia, Dewas, Dhindori, Guna, Gwalior,
Hoshangabad, Indore, Jabalpur, Katni, Khandwa, Mandsaur, Morena, Neemuch,
Panna, Rajgarh, Ratlam, Rewa, Sagar, Satna, Seoni, Shahdol, Shivpuri, Sidhi,
Tikamgarh, Ujjain.
To obtain inclusive data, varied tools and techniques were adopted in the light of
objectives of the study:
- Questionnaire: A comprehensive questionnaire was prepared and circulated
through the High Court of Madhya Pradesh to all the Family Courts under its
jurisdiction. The questionnaire was designed to identify the relevant problems
of delay in delivery of justice and speedy trial in crisis area before Family
Courts of Madhya Pradesh and it was to be filled in by the Principal Judges
presiding over these courts.
- Visit to Family Courts: A field study was undertaken to Family Courts of
various districts to identify ground realities and infrastructural requirements.
Physical verification of records/files and registers was undertaken to
understand details of proceedings, facts presented in cases and the manner in
which cases are handled by the Family Courts was also studied during the visit.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 11
- Interview of Principal Judge of Family Courts: Since the Principal Judge
are main functionaries of Family Courts, their inputs are pertinent for the
present research to identify the problems faced by them while adjudicating
matters of family dispute, the capacity and institutional deficiencies.
- Interview of Mediators and Counselors: A cooperative use of ADR is well
accepted mechanism to resolve family disputes before adjudication which will
help in reducing the burden of Family Courts. To understand the role of
mediators and counselors in family disputes interview of mediators and
counsellors was undertaken.
- Observation: The research team observed courts proceedings and
infrastructure available to family courts.
B. Secondary Data
An analysis of existing legislative mechanism in the light of family matters and data
on pendency in Family Courts was undertaken. To address the question of pendency
in the Family Courts, a detailed study was conducted to the extent of available data.
Online resources like the National Judicial Data Grid, and e-courts website were
assessed for collecting preliminary data. Scholarly commentaries, by the Indian as well
as foreign scholars were relied upon to build a theoretical understanding of the subject.
A detailed study of the working of Family Courts in various countries was carried out
which included category of matters coming before Family Court, the number of
judges, duration of cases and the available staff in these courts.
5. Scope and Limitation of the Study
The present research is an attempt to analyze the pattern of pendency in Family Courts
of Madhya Pradesh and evolving action points to reduce the pendency and address
bottlenecks. The major limitation of the study stems from the fact that consistently
uniform data under different districts identified for the study is not static which creates
impediments to arrive at an accurate comparative picture in all arears.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 12
6. Structure of the Research Report
The First Chapter introduces the context, need and parameters of the study, along with
a detailed explanation of the methodology followed in conducting research.
The Second Chapter provides an overview of pendency under various categories &
sub-categories of cases filed before Family Courts.
The Third Chapter includes an analysis of the questionnaire which mainly focuses on
core areas like the need for continuous training, reasons for pendency, importance of
court and case management, role of alternative dispute resolution, use of information
and communication technology, and available infrastructure.
The Fourth Chapter collates findings of field study which includes inputs from main
functionaries of Family Courts and observation of court proceedings.
The Fifth Chapter undertakes a comparative study of best practices followed in Family
Courts across different jurisdictions of Australia, New Zealand, Singapore, United
Kingdom and United States.
Finally, the Sixth Chapter concludes with recommendations based on findings through
the study and suggests immediate possible solutions to deal with the current crisis of
delay in Family Courts and to optimize their efficiency.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 13
CHAPTER-TWO
PENDENCY: CATEGORIZATION & SUB-CATEGORIZATION OF
CASES
Family Courts have been experiencing docket explosion, pending cases and arrears for
over a long time. At present there are more than 40,000 cases pending in various courts
of Madhya Pradesh. Large number of pending cases have crippled the efficient
working of Family Courts adversely affecting timely delivery of justice in family
disputes. The Act was enacted to provide for establishment of Family Courts to
streamline the specific category of disputes which can be settled by special courts to
reduce the burden of regular courts by promoting conciliation techniques to secure
speedy settlement in family affairs and matters connected therewith. Courts are
deemed to be custodian and are entrusted to uphold rights of the citizen. Public
confidence is essential to maintain a freedom limited by the need for order in society.
There are beliefs that could destroy society’s confidence in courts and can do great
damage to the society. People may believe that value of a just judgement will be lost
due to inefficiency and delay by courts; people come to believe that law will be
inefficient to fulfill its primary function to protect them and their families in all
spheres.9
The Supreme Court in Bhuwan Mohan Singh v. Meena and ors10 made certain
observations while dealing with maintenance cases that it is unfortunate for such cases
to continue for nine years before the Family Court. The Court further observed that on
certain occasions judges have been granting adjournments in a routine manner as a
consequence of which both the parties suffer and wife becomes the worst victim. When
such methodologies are adopted by judges then it will vitiate the entire purpose of law.
The Apex Court further emphasized that Family Court Judge is expected to be
sensitive to issues pertaining to the marriage and ancillary thereto. He is expected to
draw a distinction wisely and should be aware of the situation he is dealing with. A
9 V. R. Krishna Iyer, Democracy of Judicial Remedies, According to Chief Justice Warren E. Burger
of the US Supreme Court: “A sense of confidence in courts is essential to maintain the fabric of ordered
liberty for free people and three things could destroy that confidence and do incalculable damage to
society: that people come to believe that inefficiency and delay will drain even a just judgement of its
value; that people who have long been exploited in the smaller transactions of daily life come to believe
that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to
believe the law—in the larger sense—cannot fulfil its primary function to protect them and their families
in their homes, at their work, and on the public streets.” 10 AIR 2014 SC 2875
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 14
Family Court judge should remember that delay in family disputes would gradually
build unthinkable bitterness among the parties. The Court further highlighted that
Family Court judges should remain alert and decide the matters as expeditiously as
possible keeping in view the objects and reasons of the Act and upholding the scheme
of various provisions pertaining to grant of maintenance, divorce, custody of the child,
property disputes, etc.
The Apex Court underlined the importance of Sec. 125 of the CrPC which was
conceived to ameliorate the agony and financial suffering of a woman who has left her
matrimonial home, so that some suitable arrangements can be made by the Court by
expanding the scope of the provision. The Court further pointed out that wife is entitled
in law to lead a life in a similar manner as she would have lived in the house of her
husband and situation is not to be maladroitly created where under she is compelled to
resign to her fate and think of life "dust unto dust". It is totally impermissible. In fact,
it is the sacrosanct duty to render financial support even if the husband is required to
earn money with physical labour if he is able-bodied. There is no escape route unless
there is an order from the Court that the wife is not entitled to get maintenance from
the husband on any legally permissible grounds.
Based on the above observations, it is vital to find out and analyze the pendency in
Family Courts, and reasons for delay to address institutional and capacity gaps.
Therefore, data pertaining to pendency of cases for over a year and above was collected
from National Judicial Data Grid. The cases were analyzed and grouped to find out
the category with maximum pendency. While the research team restricted to
categorizing cases pending for 3 years and above, it was noted that approximately 2877
cases are pending. Out of which 2360 cases are pending for 3-5 years, 436 cases are
pending for 5-10 years and around 79 cases are pending for 10 years and more. There
were districts with cases pending for 20 years, however the number is minimum. The
cases, categorized under broad heads of civil and criminal, were sub-categorized under
specific provisions of different legislations.
Criminal Cases
Criminal Procedure Code
Sections Sec. 123 Sec.
125
Sec.
125(3) Sec. 126 Sec. 127 Sec. 128 Misc.
3-5 Years 1 353 1250 4 37 68 45
5-10 Years - 34 264 - 27 12 12
10-20 Years - 3 61 - - - 1
(Table No. 1)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 15
From the above table, it can be noted that out of 2260 total criminal cases pending,
approximately 390 cases are pending under Sec. 125 (Maintenance cases) and 1575
cases are pending under Sec. 125(3) (Recovery proceedings). Other provisions under
which cases are pending include Sec. 126, 127 and 128 of the CrPC. (A detailed district
wise, categorization tables are attached at the end of this chapter).
Civil Cases
The categorization of cases could also be done based on different legislations
which are applicable to family courts such as Hindu Marriage Act, 1955; Hindu
Adoptions and Maintenance Act, 1956; Guardians and Wards Act, 1890; Hindu
Minority and Guardianship Act, 1956; Special Marriage Act, 1954; Indian Divorce
Act, 1869; Code of Civil Procedure 1908, Dissolution of Muslim Marriage Act, 1939
and Muslim Personal Shariat Act, 1937.
Civil Cases
3-5 Years
Hindu Marriage Act
Sec. 9 Sec. 10 Sec. 11 Sec. 12 Sec. 13
Sec.(s)
20,21,24,
25,27 & 28
Misc.
83 cases 5 cases 3 cases 7 cases 182
cases 19 cases 63 cases
Civil Procedure Code
Sec.(s) 6 & 7 Sec. 13 O. 9 R. 4 O.12 & 21 O.21
2 cases 3 cases 4 cases 5 cases 14 cases
Guardian and Wards Act
Sec. 6,7,10 & 25 Sec. 8 Sec.12 Sec. 19 & 20 Sec.25
14 cases 2 cases 3 cases 2 cases 9 cases
Hindu Adoption and Maintenance Act
Sec. 6 Sec. 9 & 10 Sec. 18, 19 & 20 Sec. 25
1 case 2 cases 5 cases 2 cases
(Table No. 2)
5-10 years
Hindu Marriage Act
Sec. 9 Sec. 11 Sec. 12 Sec. 13 Sec. 24
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 16
12 cases 1 case 7 cases 29 cases 2 cases
Civil Procedure code Guardian and Wards Act
O. 21 Sec. 25
7 cases 2 cases
(Table No. 2.1)
10-20 years
Hindu Marriage Act
Sec. 3 Sec. 9
6 cases 1 case
(Table No. 2.2)
From the above charts, it can be noted that cases under Sec. 9 (Restitution of Conjugal
Rights) and Sec. 13 (Dissolution of Marriage) of the Hindu Marriage Act largely
contribute to pendency. Other sections of the Hindu Marriage Act include Sec. 10,
11, 12, 20, 21, 24, 25, 27 and 28 under which cases can be seen pending for 3-5 years.
Around 30 cases are pending under different provisions of the Civil Procedure Code
and 30 cases under the Guardian and Wards Act, 10 cases under the Hindu Adoption
and Maintenance Act and 1 case was found pending under the Dissolution of Muslim
Marriage and Muslim Personal Shariat Act each for 3-5 years.
Further cases pending for 5-10 years mostly fall under Sec. 9,11,12,13 and 24 of the
Hindu Marriage Act, 7 cases under Order 21 of the CPC and 2 cases under Sec. 25 of
the Guardian and Wards Act. Cases pending for 10-20 years include one case pending
under Sec. 9 and 6 cases pending under Sec. 13 of the Hindu Marriage Act.
For the purpose of analysis some sections have been put together only to find out total
pendency under a specific legislation. Therefore, it can be observed that there are only
a few categories of cases responsible for adding to pendency in Family Courts of
Madhya Pradesh.
The reasons for pendency under the above identified categories and sub-categories of
cases have been dealt in Chapter III including an in-depth analysis of the reasons and
bottlenecks.
Institution v. Disposal
Considering the current situation, pending cases were analyzed. However, it is
essential to study the type of cases instituted and the rate of disposal in Family Courts
of Madhya Pradesh, to identify the capacity gap.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 17
From the preliminary study, it was found that the institution of new cases is increasing
rapidly over the years, but the disposal of these new cases is slower than the number
of cases instituted. It was also observed that maximum cases are filed under Sec. 9 and
13 of the Hindu Marriage Act and Sec. 125 of the CrPC. (The said detail have been
collected through questionnaire which is analyzed at length in Chapter III)
The Table No. 3 gives year-wise breakup of cases instituted under two specific
categories: (1) criminal cases relating to maintenance, and (2) civil cases relating to
divorce.
Year Maintenance Cases Divorce Cases Total
2015-2016 5819 4134 9953
2016-2017 6089 3557 9646
2017-2018 6809 3572 10,381
Total 16,717 11,263 27,980
(Table No. 3)
During the period of 2015-2018, a total of 16,717 cases were filed under Sec. 125 of
the CrPC and around 11,263 cases were filed under Sec. 13 of the Hindu Marriage
Act. It is pertinent to note that a total of 27,980 cases were instituted under these two
categories.
An application for maintenance must be disposed of at the earliest considering the
observations of the Supreme Court. Therefore, systematic arrangements are required
to deal with the situation otherwise it will add to ever increasing backlogs.
A judge alone is not responsible for speedy disposal of family dispute cases, the
disposal and outcome of a case depends on several factors such as facts and
circumstance of each case, the legal position, and manner in which case is presented,
outcome of settlement procedures, ability and efficiency of advocates, care taken by
litigants to place evidence on record, infrastructure available, and support staff etc. All
these factors are equally relevant and plays a key role to address concerns of delay and
speed up the process and procedures in Family Courts.
The following data sheet provides a brief analysis of cases pending under various
categories & sub-categories in different family courts of Madhya Pradesh.
Categorization of Criminal Cases – District Wise Pendency
Tables below gives a detailed categorization of criminal cases pending under specific
provisions of Criminal Procedure Code. The said tables also provide districts wise
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 18
pendency for 3-5 years [Table No. 4 (Criminal)], 5-10 years [Table No. 4.1 (Criminal)]
and 10-20 years [Table No. 4.2 (Criminal)] under each category.
Criminal Cases (Table No. 4)
3-5 Years
S.
N.
District Criminal
Maintenance CrPC
S. 126
CrPC
S. 127
CrPC
S. 128
CrPC
S. 340
CrPC
S. 446
Misc. Total
S.
123
S.
125
S.
125(3)
1. Ashoknagar - - 16 1 - - - - - 17
2. Balaghat - 4 9 - 2 - - - 14
3. Barwani - 2 1 - - - - - - 3
4. Bhopal 1 90 117 3 1 12 224
5. Betul - 1 75 - - - - - 6 82
6. Bhind - 5 48 - - 7 - - - 60
7. Burhanpur - - 21 - - - - 2 - 23
8. Chhatarpur - 2 - - - 8 - - - 10
9. Chhindwara - 17 52 - 4 - - - 3 76
10. Damoh - 8 51 - 5 16 - - - 80
11. Datia - 5 9 - 1 - - - - 15
12. Dewas - 1 4 - - - - - 1 6
13. Dhar - 1 36 - - - - - - 37
14. Dindori - 4 73 - - - - - 3 80
15. Guna - 3 - - - 17 - - - 20
16. Hosangabad - 5 3 - 1 - - - - 9
17. Jabalpur - 50 87 - 3 - 1 - 3 144
18. Katni - 16 94 - 2 2 - - - 114
19. Jhabua - 2 8 - - - - - - 10
20. Khandwa - 11 30 - - - - - - 41
21. Narsinghpur - 4 12 - - - - - - 16
22. Mandla - 2 4 - - 53 - - - 59
23. Morena - 19 39 1 1 1 - - - 61
24. Mandsaur - 4 18 - 1 2 - - 2 27
25. Mandleshwar - - 2 - - - - - - 2
26. Neemuch - 5 1 - 1 8 - - - 15
27. Panna - 4 19 - 1 - - - - 24
28. Raisen - 1 6 - - - - - - 7
29. Rajgarh - 5 53 - 3 - - - - 61
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 19
S.
N.
District Criminal
Maintenance CrPC
S. 126
CrPC
S. 127
CrPC
S. 128
CrPC
S. 340
CrPC
S. 446
Misc. Total
S.
123
S.
125
S.
125(3)
30. Ratlam - 7 3 - 1 1 - - - 12
31. Rewa - 4 24 - 3 - - - - 31
32. Sagar - 3 11 - - - - - 8 22
33. Satna - 14 81 1 2 - - - 3 101
34. Sehore - 3 28 - - - - - 2 33
35. Seoni - 7 83 - - - - - 1 91
36. Shahdol - 2 48 - - - - - - 50
37. Shajapur - 2 - - - - - - - 2
38. Shivpuri - - - - - - - - 1
(IPC)
1
39. Sidhi - 11 46 1 1 - - - - 59
40. Singrauli - 7 23 - - - - - - 30
41. Tikamgarh - - - - 2 52 - - - 54
42. Vidisha - - 15 - - - - - - 15
Criminal Cases (Table No. 4.1)
5-10 Years
S.
N.
District Criminal Cases
Maintenance CrPc
S. 126
CrPc
S. 127
CrPc
S. 128
CrPc
S. 340 Misc. Total
S. 125 S. 125(3)
1. Ashoknagar - 2 -- -- -- -- -- 2
2. Balaghat - - -- -- -- -- --
3. Barwani - - -- -- -- -- --
4. Bhopal 9 56 -- -- -- -- 3 68
5. Betul - - -- -- -- -- --
6. Bhind 1 13 - - 4 -- -- 18
7. Burhanpur 1 9 - - - -- -- 10
8. Chhatarpur - - - - 2 -- -- 2
9. Chhindwara 1 7 - - - -- -- 8
10. Damoh - - - - - -- --
11. Datia - - - - - -- --
12. Dewas - - - - - -- --
13. Dhar - - - - - -- --
14. Dindori - 1 - - - -- -- 1
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 20
S.
N.
District Criminal Cases
Maintenance CrPc
S. 126
CrPc
S. 127
CrPc
S. 128
CrPc
S. 340 Misc. Total
S. 125 S. 125(3)
15. Guna - - - - - - -
16. Hosangabad - - - - - -- --
17. Jabalpur 7 35 - - 1 1 2 46
18. Katni 1 41 - - - -- -- 42
19. Jhabua - - - - - -- --
20. Khandwa - - - - - -- --
21. Narsinghpur - - - - - -- --
22. Mandla - 1 - - 5 -- -- 6
23. Morena - - - - - -- --
24. Mandsaur - - - - - -- --
25. Mandleshwar -- -- -- -- -- -- --
26. Neemuch -- -- -- -- -- -- --
27. Panna -- -- -- -- -- -- --
28. Raisen -- -- -- -- -- -- --
29. Rajgarh -- 13 -- -- -- -- 2 15
30. Ratlam - - - - - - -
31. Rewa 3 13 - 1 - - 2 18
32. Sagar 5 10 - - - - 2 17
33. Satna - 1 - - - - - 1
34. Sehore - - - - - - -
35. Seoni 5 39 - - - - - 44
36. Shahdol - 15 - - - - - 15
37. Shajapur - - - - - - -
38. Shivpuri - - - - - - -
39. Sidhi - 5 1 - - - 1 7
40. Singrauli - - - - - - -
41. Tikamgarh - - - - 27 - - 27
42. Vidisha 1 3 - - - - - 4
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 21
Criminal Cases (Table No. 4.2)
10 - 20 Years
S.
N.
District Criminal
Maintenance CrPC
S. 126
CrPC
S. 127
CrPC
S. 128 Misc. Total
S. 125 S. 125(3)
1. Ashoknagar - 1 - - - - 1
2. Balaghat - - - - - - -
3. Barwani - - - - - - -
4. Bhopal 1 13 - 14
5. Betul - - - - - - -
6. Bhind - 2 - - - - 2
7. Burhanpur - - - - - - -
8. Chhatarpur - 1 - - 2 - 3
9. Chhindwara - 1 - - - - 1
10. Damoh - - - - - - -
11. Datia - - - - - - -
12. Dewas - - - - - - -
13. Dhar - - - - - - -
14. Dindori - - - - - - -
15. Guna -
16. Hosangabad - - - - - - -
17. Jabalpur - 5 - - - - 5
18. Katni - 5 - - 1 - 6
19. Jhabua - - - - - - -
20. Khandwa - - - - - - -
21. Narsinghpur - - - - - - -
22. Mandla - - - - 1 - 1
23. Morena - - - - - - -
24. Mandsaur - - - - - - -
25. Mandleshwar - - - - - - -
26. Neemuch - - - - - - -
27. Panna - - - - - - -
28. Raisen - - - - - - -
29. Rajgarh - - - - - - -
30. Ratlam - - - - - - -
31. Rewa - - - - - - -
32. Sagar - 2 - - - 1 3
33. Satna - - - - - - -
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 22
S.
N.
District Criminal
Maintenance CrPC
S. 126
CrPC
S. 127
CrPC
S. 128 Misc. Total
S. 125 S. 125(3)
34. Sehore - - - - - - -
35. Seoni 1 29 - - - - 30
36. Shahdol - - - - - - -
37. Shajapur - - - - - - -
38. Shivpuri - - - - - - -
39. Sidhi 1 2 - - - - 3
40. Singrauli - - - - - - -
41. Tikamgarh - - - - - - -
42. Ujjain - - - - - - -
43. Vidisha - - - - - - -
Categorization of Civil Cases – District Wise Pendency
Tables below gives a detailed categorization of civil cases pending under specific
provisions of different legislations. The said tables also provide districts wise
pendency for 3-5 years [Table No. 5 (Civil)], 5-10 years [Table No. 5.1 (Civil)] and
10-20 years [Table No. 5.2 (Civil)] under each category.
Civil Cases (Table No. 5)
3-5 Years
S.
N.
District Civil Cases Total
Hindu Marriage Act
S. 6,
21
S. 7 &
22
S.
9
S.
10
S.
11
S.
12
S.
13
S.
20
S.
24
S.
25
S.
27
S.
28
Misc.
1. Ashoknagar - - - - - - - - - - - - - 0
2. Balaghat - - - - - - - - - - - - - 0
3. Barwani - - - - - - 1 - 1 - - - - 2
4. Bhopal - - 2
3
1 - 3 4
3
- - - - - 24 94
5. Betul - - 1 - - - 1 - - - - 2 1 5
6. Bhind - - 5 - - - 3 - - - - - - 8
7. Burhanpur - - 1 - - - - - - - - - - 1
8. Chatarpur - - 1 - - - 1 - - - - - - 2
9. Chhindwara - - 2 - - - 4 - - - - - - 6
10. Damoh - - 4 - - 1 4 - - - - - - 9
11. Datia - - - - - - 2 - - - - - - 2
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 23
S.
N.
District Civil Cases Total
Hindu Marriage Act
S. 6,
21
S. 7 &
22
S.
9
S.
10
S.
11
S.
12
S.
13
S.
20
S.
24
S.
25
S.
27
S.
28
Misc.
12. Dewas - - 2 - - - 3 - - - - - 1
(CCC)
6
13. Dhar - - - - - - 2 - - - - - - 2
14. Dindori - - 1 - - - 2 - - - - - - 3
15. Guna - - - - - - - - - - - - 6 6
16. Hosangabad 1 - 2 - - - 9 - - - - - 1 13
17. Jabalpur - - 5 1 1 1 1
8
- - 3 1 - 3 33
18. Katni - - 4 - 1 1 1
3
- - - - 1 3
(CCC)
23
19. Jhabua - - - - - - 1 - - - 1 - - 2
20. Khandwa - - 1 - - - - - - - 1 - - 2
21. Narsinghpur - - - - - - 2 - - - - - - 2
22. Mandla - - 1 - - - - - - - - - 6
(CCC)
7
23. Morena - 1
(S. 7)
1 - - - 8 - - - - - 1
11
24. Mandsaur - - - - 1 - 3 - - - - 1 2 7
25. Mandleshwar - - - - - - 2 - - - - - - 2
26. Neemuch - - - - - - 1 - - - - - 1
(Specific
Relief)
2
27. Panna - - - - - - 1 - - - - - - 1
28. Raisen - - 1 - - - - - - - - - - 1
29. Rajgarh - - 2 - - - 3 - - - - - - 5
30. Ratlam - - 2 - - - 7 - - 1 - - 1 11
31. Rewa - - 9 3 - - 1
0
- - - 1 - 3
(CCC)
26
32. Sagar - - 1 - - - 2 1 - - - - 3+1 (S.
125(3)
CrPC)
8
33. Satna - - 2 - - - 1
1
- 1 - - - 5 19
34. Sehore - - - - - - 3 - - - - - - 3
35. Seoni - - - - - - 6 - - 1 - - 1 8
36. Shahdol - - - - - - 3 - - - - - 1 4
37. Shajapur - - 2 - - - 2 - - - - - 1
(CRA)
5
38. Shivpuri - - - - - - - - - - - - - 0
39. Sidhi - - 9 - - 1 7 - 2 - - - - 19
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 24
S.
N.
District Civil Cases Total
Hindu Marriage Act
S. 6,
21
S. 7 &
22
S.
9
S.
10
S.
11
S.
12
S.
13
S.
20
S.
24
S.
25
S.
27
S.
28
Misc.
40. Singrauli - 1
(S.22)
1 - - - 4 - - - - - 1 7
41. Tikamgarh - - - - - - - - - - - - - 0
42. Vidisha - - - - - - - - - - - - - 0
S.
N.
District Civil Cases
Civil Procedure Code Total
S. 6,
7
S.
9
S.
10
S.
12, 21
S.
13
S.
19,
20
S.
25
S. 54,
151
O. 9
R. 4
O. 21 Misc.
1. Ashoknagar - - - - - - - - 1 - 1
2. Balaghat - - - 1 - - - - 1 - - 1
3. Barwani - - - - - - - - - - 0
4. Bhopal 2 - - - - - - - - 2
5. Betul - - - - - - - - - - 0
6. Bhind - - - - - - - - 1 (O. 21
R. 11)
- 1
7. Burhanpur - - - - - - - - - - 0
8. Chatarpur 1
(S.7) - - - - - - - - - 1
9. Chhindwara - - - - - - - - 1 (R.11) - 1
10. Damoh - - - - - - - - - - 0
11. Datia - - - - - - - - - - 0
12. Dewas - - - - - - - - - - 0
13. Dhar - - - - - - - - - - 0
14. Dindori - - - - - 1 - - - - 1
15. Guna - - - - - - - - - - - 0
16. Hosangabad - - - - - - - - - - 0
17. Jabalpur - - 1 - - 2 - - 1 1 (R.10) - 5
18. Katni - - - - - - - - - 2 (R.25)
1 (R.11)
- 3
19. Jhabua - - - - - - - - - - 0
20. Khandwa - - - - - - - - - - 0
21. Narsinghpur - - - - - - - - - - 0
22. Mandla - - - - 3 - - - - - 3
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 25
S.
N.
District Civil Cases
Civil Procedure Code Total
S. 6,
7
S.
9
S.
10
S.
12, 21
S.
13
S.
19,
20
S.
25
S. 54,
151
O. 9
R. 4
O. 21 Misc.
23. Morena - - - - - - - - - 3 (R.11) 1
(S.
127)
4
24. Mandsaur - 1 - - - - 1 - - - 2
25. Mandleshwar - - - - - - - - - - 0
26. Neemuch - - - - - - - - - - 0
27. Panna - - - - - - - - - - 0
28. Raisen - - - - - - - - - - 0
29. Rajgarh - - - - - - - - - - 0
30. Ratlam - - - 2
(S.21) - - - - - - 2
31. Rewa - - - - - - - - - - 0
32. Sagar - - - - - - - 2
(S.
151)
- - 2
33. Satna - - - - - - - - - - 0
34. Sehore - - - 1 - - - - - - 1
35. Seoni 1
(S.6)
- - - - - - - - 2 (R.11) 3
36. Shahdol - - - - - - - - - 1 (R.11) 1
37. Shajapur - - - - - - - - - - 0
38. Shivpuri - - - - - - - - - - 0
39. Sidhi - - - - - - - - - - 0
40. Singrauli - - - - - - - - - - 0
41. Tikamgarh - - - 1
(S.21)
- 2
(S.19)
- 1
(S.54)
- 1 (R.11) 5
42. Vidisha - - - - - - - - - - 0
S.
N.
District Civil Cases
Guardian & Wards Act Total
S.
6
S.
7
S.
8
S.
10
S.
12
S.
19
S.
20
S.
25
S. 7,
10, 25
S. 8,
10, 12
1. Ashoknagar - - - - 1 - - - - - 1
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 26
S.
N.
District Civil Cases
Guardian & Wards Act Total
S.
6
S.
7
S.
8
S.
10
S.
12
S.
19
S.
20
S.
25
S. 7,
10, 25
S. 8,
10, 12
2. Balaghat - - - - - - - - 1 1 2
3. Barwani - - - - - - - 1 - 1
4. Bhopal - 6 1 - 2 - - - 2 1 12
5. Betul - - - - - - - - - - 0
6. Bhind - - - - - - - - - - 0
7. Burhanpur - - - - - - - - - - 0
8. Chatarpur - - - - - - - - - - 0
9. Chhindwara - - - - - - - 1 - - 1
10. Damoh - 1 - - - - - - - - 1
11. Datia - - - - - - - - - - 0
12. Dewas - - - - - - - - - - 0
13. Dhar - - - - - - - - - - 0
14. Dindori - - - - - - - - - - 0
15. Guna - - - - - - - - - - 0
16. Hosangabad - - - - - - - - - - 0
17. Jabalpur - 2 1 - - - - 3 - - 6
18. Katni - - - - - - - - - - 0
19. Jhabua - - - - - - - - - - 0
20. Khandwa - - - - - - - - - - 0
21. Narsinghpur - - - - - - - 1 - - 1
22. Mandla - - - - - - - - - - 0
23. Morena - - - - - 1 - 1 - - 2
24. Mandsaur - - - - - - - - - - 0
25. Mandleshwar - - - - - - - - - - 0
26. Neemuch - - - 1 - - - 1 - - 2
27. Panna - - - - - - - - - - 0
28. Raisen - - - - - - - - - - 0
29. Rajgarh - - - - - - - - - - 0
30. Ratlam - - - 1 - - 1 - - - 2
31. Rewa - 1 - - - - - - - - 1
32. Sagar - - - - - - - - - - 0
33. Satna - - - - - - - - - - 0
34. Sehore - - - - - - - - - - 0
35. Seoni - - - - - - - - - - 0
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 27
S.
N.
District Civil Cases
Guardian & Wards Act Total
S.
6
S.
7
S.
8
S.
10
S.
12
S.
19
S.
20
S.
25
S. 7,
10, 25
S. 8,
10, 12
36. Shahdol - - - 1 - - - - - - 1
37. Shajapur - - - - - - - - - - 0
38. Shivpuri - - - - - - - - - - 0
39. Sidhi 1 - - - - - - 1 - - 2
40. Singrauli - - - - - - - - - - 0
41. Tikamgarh - - - - - - - - - - 0
42. Vidisha - - - - - - - - - 0
S.
N.
District Civil Cases
Hindu Adoption and Maintenance
Act
Dissolution
of Muslim
Marriage
Act
Muslim
Personal
Shariat
Act 1957 Total
S.
6
S.
9
S.
10
S.
18
S.
19
S.
20
S.
25
S. 2 S.125
1. Ashoknagar - - - - - - - - - -
2. Balaghat - - - - - - - - - -
3. Barwani - - - - - - - - - -
4. Bhopal - - - - - - - 1 - 1
5. Betul - - - - - - - - - -
6. Bhind - - - - - - - - - -
7. Burhanpur - - - - - - - - - -
8. Chatarpur - - - - - - - - - -
9. Chhindwara 1 - - - - - 1 - - 2
10. Damoh - - - - 2 - - - - 2
11. Datia - - - - - - - - - -
12. Dewas - - - - 1 - - - - 1
13. Dhar - - - - - - - - - -
14. Dindori - - - - - - - - - -
15. Guna - - - - - - - - - -
16. Hosangabad - - - - - - - - - -
17. Jabalpur - - - - - 1 - - 1 2
18. Katni - - 1 1 - - - - - 2
19. Jhabua - - - - - - - - - -
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 28
S.
N.
District Civil Cases
Hindu Adoption and Maintenance
Act
Dissolution
of Muslim
Marriage
Act
Muslim
Personal
Shariat
Act 1957 Total
S.
6
S.
9
S.
10
S.
18
S.
19
S.
20
S.
25
S. 2 S.125
20. Khandwa - - - - - - - - - -
21. Narsinghpur - - - - - - - - - -
22. Mandla - - - - - - - - - -
23. Morena - - - - - - - - - -
24. Mandsaur - - - - - - - - - -
25. Mandleshwar - - - - - - - - - -
26. Neemuch - - - - - - - - - -
27. Panna - - - - - - - - - -
28. Raisen - - - - - - - - - -
29. Rajgarh - - - - - - - - - -
30. Ratlam - - - - - - - - - -
31. Rewa - - - - - - - - - -
32. Sagar - 1 - - 2 - 1 - - 4
33. Satna - - - - - - - - - -
34. Sehore - - - - - - - - - -
35. Seoni - - - - - - - - - -
36. Shahdol - - - - - - - - - -
37. Shajapur - - - - - - - - - -
38. Shivpuri - - - - - - - - - -
39. Sidhi - - - - - - - - - -
40. Singrauli - - - - - - - - - -
41. Tikamgarh - - - - - - - - - -
42. Vidisha - - - - - - - - - -
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 29
Civil Cases (Table No. 5.1)
5-10 Years
S.
N.
District Civil Cases
Hindu
Marriage Act
G &
W
Act
CPC
Maintenance
& Welfare of
Parents &
Senior
Citizens Act
2007,
S. 12
Misc. Total S.
9
S.
10
S.
13
S.
11
S.
24
S.
25
S.
7
O. 21
R 11
S.
151
1. Ashoknagar - - 3 - - - - 3 - - - 6
2. Balaghat - - - - - - - - - - -
3. Barwani - - - - - - - - - - -
4. Bhopal 4 12 - - 1 1 1 - - 1 20
5. Betul - - - - - - - - - - -
6. Bhind 2 - 2 - - - - - - - - 4
7. Burhanpur - - - - - - - - - - -
8. Chatarpur - - - - - - - - - - -
9. Chhindwara - - 1 - - - - 1 - - - 2
10. Damoh - - - - - - - - - - 1 (CCC
S. 12)
1
11. Datia - - - - - - - - - - -
12. Dewas - - - - - - - - - - -
13. Dhar - - - - - - - - - - -
14. Dindori - - - - - - - - - - -
15. Guna - - - -
16. Hosangabad - - 1 - - - - - - - - 1
17. Jabalpur 3 2 6 1 2 1 - 2
(R. 32)
1 4 18
18. Katni - - - - - - - - - - -
19. Jhabua - - - - - - - - - - -
20. Khandwa - - - - - - - - - - -
21. Narsinghpur - - - - - - - - - 1 - 1
22. Mandla - - - - - - - - - - -
23. Morena - - - - - - - - - - -
24. Mandsaur - - - - - - - - - - -
25. Mandleshwar - - - - - - - - - - -
26. Neemuch - - - - - - - - - - -
27. Panna - - - - - - - - - - -
28. Raisen - - - - - - - - - - -
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 30
S.
N.
District Civil Cases
Hindu
Marriage Act
G &
W
Act
CPC
Maintenance
& Welfare of
Parents &
Senior
Citizens Act
2007,
S. 12
Misc. Total S.
9
S.
10
S.
13
S.
11
S.
24
S.
25
S.
7
O. 21
R 11
S.
151
29. Rajgarh - - 1 - - - - - - - - 1
30. Ratlam - - - - - - - - - - -
31. Rewa 1 - - - - - - - - - - 1
32. Sagar 1 - 2 - - - - - - - 3 6
33. Satna 1 - 1 - - - - - - - 2 4
34. Sehore - - - - - - - - - - -
35. Seoni - - - - - - - - - - -
36. Shahdol - - - - - - - - - - -
37. Shajapur - - - - - - - - - - -
38. Shivpuri - - - - - - - - - - -
39. Sidhi - - - - - - - - - - -
40. Singrauli - - - - - - - - - - -
41. Tikamgarh - - - - - - - - - - -
42. Vidisha - - - - - - - - - - -
Civil Cases (Table No. 5.2)
10 -20 Years
S.
N.
District Civil Cases
Hindu Marriage Act CPC
O. 21 R. 11
G & W Act
S. 8, 10
Misc.
S. 9 S. 10 S. 13 - -
1. Ashoknagar - - - - -
2. Balaghat - - - - -
3. Barwani - - - - -
4. Bhopal 1 4 1
5. Betul - - - - -
6. Bhind - - - 1 -
7. Burhanpur - - - - -
8. Chatarpur - - - - -
9. Chhindwara - - - - -
10. Damoh - - - - -
11. Datia - - - - -
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 31
S.
N.
District Civil Cases
Hindu Marriage Act CPC
O. 21 R. 11
G & W Act
S. 8, 10
Misc.
S. 9 S. 10 S. 13 - -
12. Dewas - - - - -
13. Dhar - - - - -
14. Dindori - - - - -
15. Guna
16. Hosangabad - - - - -
17. Jabalpur - - - - -
18. Katni - - - - 1
19. Jhabua - - - - -
20. Khandwa - - - - -
21. Narsinghpur - - - - -
22. Mandla - - - - -
23. Morena - - - - -
24. Mandsaur - - - - -
25. Mandleshwar - - - - -
26. Neemuch - - - - -
27. Panna - - - - -
28. Raisen - - - - -
29. Rajgarh - - - - -
30. Ratlam - - - - -
31. Rewa - - - - -
32. Sagar - - 2 - -
33. Satna - - - - -
34. Sehore - - - - -
35. Seoni - - - - -
36. Shahdol - - - - -
37. Shajapur - - - - -
38. Shivpuri - - - - -
39. Sidhi - - - - -
40. Singrauli - - - - -
41. Tikamgarh - - - - -
42. Ujjain - - - - -
43. Vidisha - - - - -
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 32
CHAPTER-THREE
ANALYSIS OF THE DATA
Part I: About the Questionnaire
A comprehensive questionnaire was prepared by the research team for the purpose of
collecting primary data to study and analyse the functioning of Family Courts in the
state of Madhya Pradesh. The questionnaire was circulated through the High Court of
Madhya Pradesh which was meant to be filled in by the Principal Judge of each Family
Court in the state. It was designed to identify the efficiency, reasons for pendency,
bottlenecks and other relevant problems leading to delay in justice delivery before the
Family Court. The opinion of Presiding judges of Family Courts is vital for the present
research undertaken by the National Judicial Academy. Therefore, Principal Judges
were requested to provide an honest and forthright opinion pertaining to current
situation of functioning of these special courts in their respective districts.
The questionnaire was divided into seven parts. The first part (Part I), dealt with
personal information of presiding judge filling the said questionnaire.
The second part (Part II), included questions pertaining to the importance of training
before/after being designated as a judge of Family Court. This part also included
questions on aspects of training imparted to Family Court judges at the State Judicial
Academy and how far the trainings have been effective in improving the efficiency of
Family Courts.
The third part (Part III) of the questionnaire comprised of twenty-six questions dealing
with stages of a Family Court case from its institution to disposal. The research team
tried to identify stages which often face bottlenecks and leads to delay that could be
addressed in the present study. The average time required for a case from the phase of
institution till pronouncement of final judgement was also assessed in this part.
Further, questions pertaining to reasons for delay and type of cases which are complex
in nature and requires multiple adjournments were included. The Principal Judges of
respective Family Courts were asked to provide their opinion on factors contributing
to delay and methods to overcome these bottlenecks which could be proposed as best
practices for other districts to adopt.
Information on the efficiency of ADR mechanism like mediation & conciliation in
family dispute matters and willingness of parties to adopt alternative means of
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 33
resolving disputes was also sought in this section. This part tried to identify the
infrastructure impediments such as availability of court annexed mediation center,
proper spaces for maintaining court records, proper server rooms etc. Efficiency of
Lok-Adalats in family dispute matters was also assessed in this part of the
questionnaire.
While collecting data on pendency in Family Courts of Madhya Pradesh from National
Judicial Data Grid, it was observed that Sec. 125 of the CrPC and Sec.13 and Sec. 9
of the Hindu Marriage Act cases are filed in maximum numbers, which are of complex
nature and often tends to get delayed. The questionnaire tried to find out ways in which
these cases could be tried in a speedy manner.
Court and case management was also covered in this part which dealt with prospects
of management techniques in Family Courts. Hence, the Presiding Judges were asked
to provide details regarding number of cases put up on daily board, whether cases
could be prioritized on the basis of urgency and if so, to list cases which could be
categorized as most urgent.
The fourth part (Part IV) dealt with the potential of Information and Communication
Technology in Family Courts of Madhya Pradesh. Presiding judges were asked to
provide information regarding ICT enablement in Family Courts and how far they are
operational in these courts. The prospect of e-filing to speed up the court process in
family matters was analyzed in this part. Data pertaining to availability of computers
and laptops along with proper internet connectivity was sought for. The Infrastructure
availability for in-camera trial, video conferencing facility and how far Family Court
is utilizing this technology to speed up the trial process was analyzed.
The fifth part (Part V) tried to find out average number of adjournments required in
family dispute matter depending on its complexity. Since, it was observed that regular
adjournments is one of the main reason for delay in speedy disposal. The research team
also tried study the reasons for parties seeking adjournments, in order to suggest
methods to reduce adjournments.
The sixth part (Part VI) focused on gathering information relating to bar and bench
relationship and the extent to which Principal Judges receives assistance from the bar
in resolving family disputes in speedy manner. The problems and challenges faced by
judges from advocates involved in family dispute litigation was also identified.
The seventh part (Part VII) of the questionnaire, sought information regarding
additional responsibility designated upon Principal Judges of Family Court. Judges
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 34
were asked to provide opinions and suggestions on measures to ensure expeditious
disposal of family dispute matters by addressing institutional gaps.
The questionnaire was distributed subsequent to an approval by the High Court of
Madhya Pradesh, and the High Court also provided assistance in forwarding the
questionnaire to Principal Judges of 50 Family Courts under the jurisdiction of
Madhya Pradesh High Court.
Out of 50 Family Courts of Madhya Pradesh, 32 filled in forms were received by the
NJA which included following districts of Ashoknagar, Betul, Bhind, Bhopal,
Burhanpur, Chhatarpur, Chhindwara, Datia, Dewas, Dhindori, Guna, Gwalior,
Hoshangabad, Indore, Jabalpur, Katni, Khandwa, Mandsaur, Morena, Neemuch,
Panna, Rajgarh, Ratlam, Rewa, Sagar, Satna, Seoni, Shahdol, Shivpuri, Sidhi,
Tikamgarh, Ujjain. It was observed that some smaller districts have linked Family
Courts whereby the Principal Judge of one district’s Family Court have been given
charge of another district or linked district. The research team came across with two
districts with linked courts which included Annupur and Shahdol, Panna and Satna,
which were presided over by one Principal Judge. Family Court in the districts of
Alirajpur, Bardwani, Balaghat, Damoh, Dhar, Harda, Jhabua, Mandla, Mandleshwar,
Narsingpur, Raisen, Sheopur, Singrouli, Umaria and Vidisha did not respond.
Part – II: Training, Prior Posting and Qualifications
The Family Court judges face a unique challenge of balancing law and procedure
against ethical values. Hence training plays an essential role to enable judges to gain
education and experience in issues that may have bearing on the nature of Family Court
cases. Formal studies on the subject are not usually required and specialized knowledge
is not a technical requirement either. It is an important aspect, which shows however
the merit of a potential Family Court judge and could equip a judge to efficiently handle
these specific matters.
The questions focused on finding out the importance of training according to
the Presiding Judge of Family Court and whether training is being imparted to all
judges prior to or after taking charge as a judge of Family Court. For the purpose of
this study, it was important to find out some aspects of training received by some of
the judges and subjects dealt with during these trainings. Further, the study tried to
identify effectiveness of these training programmes in bridging capacity gaps and
ensuring speedy trials.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 35
Responses indicated that training offered to judges on family dispute matters
is not adequately provided to all judges who are presiding over Family Courts in
Madhya Pradesh. There is a lot of potential for improvement in trainings imparted on
the subject and expanding it to maximum judges presiding over Family Courts.
The research team through this part aims to facilitate the State Judicial Academy of
Madhya Pradesh to develop a model curriculum for training in this domain which can
help judges of these special courts in disposing off these matters expeditiously.
(Chart No. 1)
From the above chart, it can be seen that out of 32 judges who are currently
presiding over Family Courts in various districts of Madhya Pradesh, only 8 judges
have received training before taking charge as Principal Judge of the Family Court
(Chart no. 1) The remaining 24 judges stated that they did not receive training prior to
taking charge of special court. Training plays a vital role in justice delivery as the
changing dynamics of law requires judicial officers to abreast their knowledge
pertaining to the court they are heading. Regular training of judicial officers presiding
over these courts is essential and should be taken into consideration.
It was suggested that adequate training should be provided to judicial officers
before designating them as a judge of Family Court. Since Family Courts are not
regular civil or criminal court, much attention is required to deal with the complexities
of these matters involving social issues such as child custody, maintenance, divorce,
and senior citizen etc. Henceforth, induction programmes should be conducted by the
24
8
0
5
10
15
20
25
30
No Yes
PRIOR TRAINING BEFORE JOINING THE FAMILY COURT
Total
Linear (Total)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 36
State Judicial Academies on a regular basis to equip judicial officers to fulfil the
purpose of these courts.
A detailed module including areas that may be considered for inclusion in training is
annexed as Annexure 1 for the reference of State Judicial Academies while designing
the training program for Family Court judges.
The Table no. 6 below gives detail regarding prior postings of judicial officers who
are currently heading Family Courts under the jurisdiction of the Madhya Pradesh
High Court. The research team tried to analyze the specific requirements and
background that may be considered for appointing or designating a judicial officer as
a judge of Family Court.
Districts
Training
Received Prior Position
Seoni Yes Special Judge, Prevention of Corruption Act
Chhindwara No Special Court for SC/ST
Rajgarh No Secretary, District Legal Service Authority
Rewa No Add. District Judge
Jabalpur No
Legal Advisor, Economic Offences Wing of State of
Madhya Pradesh
Morena No Session Judge
Dewas No Presiding officer M.P State Waqf Tribunal
Mandsaur Yes 2nd Add. District Judge
Datia No Session Judge
Sagar No 1st Additional District and Session Judge
Satna No Special Judge, Prevention of Corruption Act
Tikamgarh No Additional District and Session Judge
Burhanpur Yes Special Court for SC/ST
Bhind No Add. District and Session Judge
Hoshangabad No Add. District and Session Judge
Bhopal No Add. Judge Bhopal
Katni Yes Special Judge (POCSO Act)
Shivpuri No Additional District Judge
Panna Yes Special Judge, Prevention of Corruption Act
Chhatarpur No Special Judge, Prevention of Corruption Act
Sidhi No Secretary, District Legal Service Authority
Indore No Special Judge, Prevention of Corruption Act
Dhindori Yes Add. District and Session Judge
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 37
Betul No Add. District Judge
Shahdol Yes 3rd Add. District Judge
Ratlam No Add. District Judge
Gwalior No Special Judge, Prevention of Corruption Act
Guna No Special Court (NDPS)
Ashoknagar No Special Court (NDPS)
Ujjain Yes Add. District Judge
Neemuch No Special Judge ( Electricity Act)
Khandwa No Add. District and Session Judge
(Table No. 6)
It is evident from the table above that judges who are currently presiding over Family
Courts come from dissimilar background with different criminal/civil area of practice,
prior to taking charge of the Family Court. Since it was observed that proper cadre of
family law judges is important to deal with the current crisis of pendency, it is required
that dedicated number of judges should be trained and then posted to preside over these
courts. It is also essential that these judges are not transferred before substantial years
of service in Family Court. For instance, a judge dealing with matter relating to the
Prevention of Corruption Act when transferred to a Family Court lacks knowledge to
deal with the complex nature of family matters and therefore, causes a bottleneck in
disposing family dispute matter expeditiously. To resolve this problem, proper training
should be imparted prior and after joining as a judge of Family Court to sensitize them
on social issues involved thereto.
It was also observed that not all judges are suitable to preside over Family Courts
owing to the nature of cases instated before these courts. Therefore, selected judges
dedicated towards achieving the objective of the Act must be designated as Principal
Judge of these special courts.
It was suggested unanimously through the responses that, prior training is
essential before joining as a judge of Family Court. Further, training will help judges
to understand the dispute and dispose the matter quickly.
If we observe Table no. 6, presiding judges from Chhatarpur, Gwalior, Indore, Panna,
Satna, and Seoni were heading special court constituted under the Prevention of
Corruption Act. Similarly judges from Ashoknagar, Burhanpur, Chhindwara, and
Guna were heading the Narcotics Drugs and Psychotropic Substance courts and
special court constituted under the SC and ST Act.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 38
According to the Act, a person shall not be qualified for appointment as a judge of a
Family Court unless he fulfills the condition specified in cl. (a) or cl. (b) of sub-sec (3)
of Sec. 4 of the Family Court Act, 1984. Sub-sec (4) of Sec. 4 clearly specifies that
every endeavor shall be made to ensure that persons committed to the need to protect
and preserve the institution of marriage and to promote the welfare of children and
qualified by reason of their experience and expertise to promote the settlement of
disputes by conciliation and counseling shall be appointed as Family Court judge.
Therefore, without proper understanding and training of the subject judges may lack
the efficiency to uphold the intention behind this section.
In 1988, the Department of Justice (Ministry of Law and Justice) issued a notification
exercising the power conferred by sub-sec (1) of Sec. 22 of the Family Court Act with
the concurrence of the then Chief Justice of India and made certain rules called as the
Family Court (Other Qualification for Appointment of Judges) Rules, 1988
Apart from Sec. 4 of the Family Courts Act, the other qualifications which may be
considered for a judge of Family Court as per the central government notification is as
follows:
(i) A Post-Graduate in Law with specialization in Personal Laws;
Or
A Post-Graduate degree in Social Sciences such as Master of Social Welfare,
Sociology, Psychology/Philosophy with a Degree in Law; and
(ii) At least seven years’ experience in field work/research or of teaching in a
Government Department or in a College/University or a comparable academic
institute, with special reference to problem of women and children;
Or
seven years' experience in the examination and/or application of Central/State
Laws relating to marriage, divorce, maintenance, guardianship, adoption and
other family disputes.
After analyzing this part, three points should be taken into consideration effectively:
A separate cadre of judges is required for Family Courts (where judges are
selected to adjudicate upon family matters) and should not transferred in any
other civil or criminal court. They should be designated as specialized judge in
matrimonial matters.
Continuous and in-depth training should be imparted to all judges who will be
presiding over Family Courts established under the Act. Training modules
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 39
including latest development in law must be made available to all judicial
officers taking charge of special court.
The other qualifications for appointment of judges of Family Court as
mentioned in notification passed by the central government should be taken
into consideration.
Part – III: Reasons for Delay causing Pendency
Chart No. 2: According to your experience as a judge of Family Court, can you
mention which stage(s) of proceedings causes delay or bottlenecks in a family matter?
(Chart No. 2)
Out of 32 responses received, 26 judges mentioned that the trial phase leads to
maximum delay, while 6 responses indicated that the institution phase also causes
delay. Judges were in consonance that the judgement stage does not cause much delay
in family matters.
Further, each stage was sub-categorized including the procedure involved which is
separately analyzed including the average time taken for each stage from its institution
till final judgement in later questions.
6
26
0
0 5 10 15 20 25 30
Institution
Trial
Judgement
Responses
Stag
es
Institution Trial Judgement
Number of Districts 6 26 0
STAGES CONTRIBUTING TO DELAY
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 40
Average time taken by different stages of trial and whether the stage contributes
to delay significantly: (Chart no. 3, 4, 5 and Table No. 7, 8, 9)
It is well established that there are three stages in every trial. It was observed that family
trial involves many complex issues with high demonstrative litigation including
lawyers, parties, mediators, counsellors and court. Keeping this background and for
better understanding reasons for bottlenecks which results in delay, various stages were
identified for study to find out which stage contributes to maximum delay in a family
dispute matter. The stages were broadly categorized into three phases for the proper of
analysis as mentioned below:
1. Institution phase;
2. Trial phase; and,
3. Judgment phase
(Chart No. 3)
5
20
18
18
6
6
26
11
11
12
22
24
1
1
3
2
4
2
0 5 10 15 20 25 30
Institution of Suit
Issue & Service of Summons
Appearance of defendant
Filing of written statement
Replication, Rejoinder
Framing of Issues
Responses
Stag
es (
fro
m b
ott
om
to
to
p)
Institution ofSuit
Issue &Service ofSummons
Appearanceof defendant
Filing ofwritten
statement
Replication,Rejoinder
Framing ofIssues
No Response 1 1 3 2 4 2
No 26 11 11 12 22 24
Yes 5 20 18 18 6 6
1. INSTITUTION PHASE
No Response No Yes
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 41
Table No. 7 indicates average time taken at various stages falling under the institution
phase below:
Average Time Institution
of Suit
Issue of
Summons
& Service
Appearance
of
defendant
Filing of
written
statement
Replicatio
n,
Rejoinder
Framing
of Issues
Seoni 10-15 mins 1-2 months 1-2 months 2 months No
Response
10 mins
Chhindwara 30 mins 1-4 months 1-2 months 1-2 months No
Response
15 Days
Rajgarh 5-10 mins 1 1/2
months
1 1/2
months
2 months No
Response
15
minutes
Rewa Same day Same day 1 year 6 months 1 month Same
time
Jabalpur 3 days 1 month - 1
year
Did not
specify
1-3 Months NA 15 Days
Morena same day 3 months No
Response
1 month 10 days 1 day
Dewas 1 day 1 month No
Response
2 months No
Response
15 days
Mandsaur 3 days 7 days 1 month 2 months NA 3 months
Datia 1 hour 3 days 1 month 1-2 months No
Response
2-3
months
Sagar Did not
specify
Did not
specify
2-3 months 2-3 months No
response
Did Not
specify
Satna 30 mins 2-3 months 3-4 months 2-3 months NA 6-7 days
Tikamgarh Same day 2-4 months Did not
specify
Did not
specify
Did not
specify
8-10
days
Burhanpur 3 days 15 days 7 days 7 days 7 days No
Response
Bhind Same day within 3
months
within 3
months
within 3
months
NA Did not
specify
Hoshangabad Same day 2-3 months 2-3 months 1-2 months No
Response
No
response
Bhopal 18- 24
months
Did not
specify
Did not
specify
3-6 months No
Response
6 months
Katni No
Response
Same day 6 months- 1
year
6 months-
1 year
No
Response
No
Response
Shivpuri 1 hour 3-6 months 10-15 days 10-15 days Nil Same
day
Panna 30 mins 2-3 months 3-4 months 2-3 months No
Response
6-7 days
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 42
Chhatarpur 1-3 days 15-30 days 1 month 2 months NA 1 week
after WS
(2 Months
+1 week)
Sidhi Same day Did not
specify
Did not
specify
1-3 months NA 1-5 days
Indore 1 day 1 year 1 year 2 months NA 15 days
Dhindori No
Response
No
Response
No
Response
No
Response
No
Response
No
Response
Betul Same day 2 months 3 months 3 months No
Response
3 months
Shahdol 3 days 15 days - 1
Month
15 - 45 days 15 days - 2
Months
10 days 1 day
Ratlam 3 days 2 months 2 months 2 months
(60 days)
20 days 1 days
Gwalior Same day
(5 mins)
Did not
specify
Did not
specify
Did not
specify
NA Did not
specify
Guna 4-8 months 4-8 months 4-8 months 4-8 months 4-8 months 4-8
months
Ashoknagar 4-8 months 4-8 months 4-8 months 4-8 months 4-8 months 4-8
months
Ujjain No
Response
Same day 1-6 months 1 month Same day Same
day
Neemuch 1-2 days 3-4 months 1-2 months 1-3 months No
Response
1-2 days
Khandwa 1 day 1 year 1 year 2 months NA 15 days
(Table No. 7)
Institution Phase
Institution of Suit: Out of 32 responses, 26 judges were of the opinion that institution
of suit does not take much time. Filing or instituting a fresh suit is only a matter of 15
to 20 minutes as per the responses and, it may take maximum 2 to 3 days. Judges of
few districts including Ashoknagar, Bhopal, and Guna stated that institution may take
8 months to 1 year which does not correspond with the responses of other districts and
therefore, steps should be taken to reduce time for institution of suit.
Issue of Summons and Service: Out of 32 responses, 20 responses indicated that
issuing of service and summon takes considerable time in this phase and tends to delay
the proceedings. From the above Table 7 it is clear that average time taken for issue of
service and summon varies from 2 to 4 months or longer. It is important to note that
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 43
in few districts like Ashoknagar, Guna, and Indore the average time varies from 8
months to 1 year. Issue of service and summon involves major bottlenecks and creates
a lot of problem in the trial, thereby increasing the time-frame of a family dispute
matter.
Appearance of Defendant: Out of the total responses, 18 judges were of the opinion
that appearance of defendant causes delay in the family dispute matters. From the
above chart it is evident that the average time taken for this stage is 1to 3 months which
is also a stage leading to slower trial process. Few districts like Khandwa and Ujjain
mentioned that they take approximately 6 months to 1 year to conclude this stage.
Filing of Written Statement: 18 judges were of the opinion that delayed filing of
written statement is also contributing to delay in the institution phase. The average
time taken for filing of written statement is around 2 to 3 months as indicated through
their responses.
Replication and Rejoinder: This stage is applicable only in some Family Courts of
Madhya Pradesh. However, responses indicate that the stage does not majorly
contribute to delay.
Framing of Issue: 24 out of 32 responses mentioned that framing of issues does not
consume much time of the court. It was reflected from their responses that the stage
takes 1 to 5 days for faming of issues. However, judges of few districts including
Bhopal, Guna, Mandsaur and Neemuch stated that longer time is required for framing
of issues.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 44
(Chart No. 4)
Average Time Plaintiff
Evidence
Cross-
Examination
of Plaintiff
Defendant
Evidence
Cross
Examination
of Defendant
Final
Hearing
(Argument)
Seoni 3 hours 6 hours 3 hours 6 hours 30 mins
Chhindwara 2-4 months 1-3 months 1-3 months 1-2 months 15 days
Rajgarh 4 hours 8 hours 3 hours 6 hours 45 minutes
Rewa 6 months 1 month 6 months 1 month 15 days
Jabalpur 7- 8 months 7-8 months 4 months 4 months 10-15 days
Morena 2 months Same days 2 months Same day 1 day
Dewas 2 months 2 months 2 months 2 months 15 days
Mandsaur 3 months No response 3 months No Response 15 days
21
15
22
15
4
8
14
7
14
25
3
3
3
3
3
0 5 10 15 20 25 30
Plaintiff Evidence
Cross-Examination of Plaintiff
Defendant Evidence
Cross Examination of Defendant
Final Hearing
Responses
Stag
es in
Tri
al P
has
e (f
rom
bo
tto
m t
o t
op
)
PlaintiffEvidence
Cross-Examination of
Plaintiff
DefendantEvidence
CrossExamination of
DefendantFinal Hearing
No Response 3 3 3 3 3
No 8 14 7 14 25
Yes 21 15 22 15 4
2. TRIAL PHASE
No Response No Yes
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 45
Datia 3 months 3 months 4 months 4 months 6 months
Sagar 3-4 months 1-2 months 1-2 months 1-2 months 1-2 months
Satna 2-3 hours 4-5 hours 1-2 hours 3-4 hours 1-2 hours
Tikamgarh 1-2 months Did not
specify
1-2 months Did not
specify
8-15 days
Burhanpur 15 days 15 days 15 days 15 days 3 days
Bhind 6 months Did not
specify
3 months Did not
specify
15 days
Hoshangabad 1-2 months Same day 2-3 months Same day 7-15 days
Bhopal 2 hours 2 hours 1 hour 1 hour 1 hour
Katni 6 months- 1
year
About 6
months
6 months- 1
year
6 months 10-15 days
Shivpuri 1-2 months 1-2 months 1-2 months 1-2 months 15 days
Panna 2-3 hours 4-5 hours 1-2 hours 3-4 hours 1 - 2 hours
Chhatarpur 3 months Same days 3-4 months Same day 15 days
Sidhi 1-3 months Did not
specify
1-3 months Did not
specify
1 week
Indore 6 months 6 months 6 months 6 months 15 days
Dhindori No Response No Response No
Response
No Response No
Response
Betul 1 month 1 month 2 months 2 month No
Response
Shahdol 1-6 months 1-3 months 1-3 months 1-3 months 15-30 days
Ratlam 2 months 4 months 2 months 4 months 15 days
Gwalior Did not
specify
Did not
specify
Did not
specify
Did not
specify
Did not
specify
Guna 6-8 months 6-8 months 6-8 months 6-8 months 6-8 months
Ashoknagar 6-8 months 6-8 months 6-8 months 6-8 months 6-8 months
Ujjain 3-6 months Same day 1-3 months Same day 1 week
Neemuch 1-3 months 1-2 months 1-2 months 1 month 1-7 days
Khandwa 6 months 6 months 6 months 6 months 15 days
(Table No. 8)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 46
Trial Phase
The trial phase has been divided into five stages for the purpose of study;
Plaintiff Evidence: Out of 32 responses, 21 judges were of the opinion that this stage
consumes sufficient time during trial and majorly contributes to delay in family
matters. The average time taken for the completion of plaintiff’s evidence is
somewhere between 3 to 6 months as inferred from responses in Table no. 8. The
judges of few districts including Burhanpur, Seoni, Shivpuri, and Tikamgarh stated
that lesser time is required in comparison to other districts. Judges of Family Court in
the districts of Ashoknagar, Guna, and Jabalpur stated in their responses that more
than 6 months are taken to conclude this stage of trial.
Form the above chart it is clear that this stage is taking abundant time to conclude and
considerably contributes to delay. There is no uniformity of time frame follow at the
stage of plaintiff’s evidence. Some Family Court judges take more time while others
require a lesser time. Therefore, steps should be taken to reduce time taken at the stage
of plaintiff’s evidence.
On analysis it is seen that there is a huge difference in responses indicated in Table no.
8 which indicates that the evidence of the plaintiff can be completed within 2 to 3
hours. However, if the evidence is completed in such short duration, then there would
not have been the problem of delay in this stage.
Cross-Examination of Plaintiff: Mixed responses were received with regard to delay
and time taken at the stage of cross-examination of plaintiff. 15 judges were of the
opinion that this stage is contributing to delay while 14 judges were of the opinion that
the stage of cross-examination of plaintiff does not cause delay. It is apparent from the
responses that average time taken for cross-examination of plaintiff is somewhere
between 2 to 4 months on an average. Judges from districts of Ashoknagar, Guna,
Indore, Katni, and Khandwa stated that approximately 4 to 6 months are taken for
completing cross-examination depending on the complexity of a case.
Defendant Evidence: The responses of 22 judges indicates that this stage also
consumes a lot of time and tends to contribute to delay in family dispute matters. On
the basis of responses, it was analyzed that average time taken for the present stage is
somewhere between 2 to 4 months. There are few districts like Ashoknagar, Guna,
Indore, Katni, Khandwa, and Rajgarh where it is found that 6 months may be required
to conclude this stage of trial. There are few Family Courts of Chhatarpur,
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 47
Hoshangabad, Seoni, and Satna which try to conclude evidence of the defendant within
the same day which is different from other responses and our findings.
Cross-Examination of Defendant: Similar responses with regard to the stage of
cross-examination of defendant were received. 15 judges were of the opinion that this
stage is contributing to delay while 14 judges were of the opinion that the stage of
cross-examination of defendant does not cause much delay. Further, the responses
indicate that average time taken for defendant’s cross-examination is somewhere
between 2 to 4 months. Some districts mentioned that more than 4 months are required
for the said stage.
Final Hearing (Arguments): 25 judges out of 32 stated in their responses that this
stage does not contribute to delay in Family Courts. The maximum time required to
conclude the final hearing is around 15 days. In a few districts like Ashoknagar, Datia,
Guna, and Sagar mentioned that the final hearing may take around 1 to 2 months to be
concluded. From the above chart, it is shown that this stage is not contributing to any
delay.
(Chart No. 5)
2
1
1
19
27
13
2
3
3
18
29
10
0 5 10 15 20 25 30 35
Judgement
Review of Decree
Appeal
Execution of Decree
Responses
Stag
es (
fro
m b
ott
om
to
to
p)
Judgement Review of Decree AppealExecution of
Decree
Not Applicable/ No Response 3 18 29 10
No 27 13 2 3
Yes 2 1 1 19
3. JUDGEMENT PHASE
Not Applicable/ No Response No Yes
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 48
District Judgment Review of Decree Appeal Execution of
Decree
Seoni 2 hours No Response No Response No Response
Chhindwara 3 days No Response No Response No Response
Rajgarh 3-4 hours NA NA Did not specify
Rewa 3 days No Response No Response 1 year
Jabalpur 5-8 days No Response No Response 1 year
Morena 2 days 2 days No Response 6 months
Dewas 1 week NA NA No response
Mandsaur 3 days No Response No Response No Response
Datia 6 months No Response No Response No Response
Sagar Did not specify Did not specify No Response 5-6 months
Satna 2-3 hours 30 mins NA 5-6 months
Tikamgarh 15 days NA NA 3-6 months
Burhanpur 3 days 3 days No Response 1 month
Bhind 10 days No Response No Response 6 months- 1 year
& more
Hoshangabad No Response No Response No Response 1-2 years
Bhopal 2 hours 1 hours No Response Minimum 5
years
Katni No Response No Response Dis not specify No Response
Shivpuri 1-2 days 1-2 days 1-2 years 1-2 years
Panna 2-3 hours 30 mins No Response 5-6 months
Chhatarpur 5 days Did not specify NA 4 months
Sidhi 15 days 3 days Did not specify Did not specify
Indore 15 days Negligible NA 1-2 years
Dhindori No Response No Response No Response No Response
Betul 6-8 months 3 days 3 months After 3 months
Shahdol 1-15 days 1-3 days 1-3 days 1-3 days
Ratlam 7 days 3 days No Response 6 months
Gwalior Did not specify Did not specify NA No response
Guna 10-15 days NA NA Did not specify
Ashoknagar 10-15 days NA NA Did not specify
Ujjain 1 week No Response No Response No Response
Neemuch 1-5 days 1-3 months No Response 6-12 months
Khandwa 15 days No Response NA 1-2 years
(Table No. 9)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 49
Judgment Phase
Judgment: Out of 32 responses, 27 judges were of the opinion that the pronouncement
of judgment does not require much time and therefore this stage is not responsible to
cause any delay in family matters. It is inferred from the responses that average time
taken for the pronouncement of judgment is somewhere between 5 to 8 days.
Responses categorically indicates that judgement stage requires maximum 15 days to
be concluded and does not increase life cycle of a family matter. However, two
responses still indicates otherwise, that 6 months are required to complete judgement
as it appears in the Table 9 above.
Review of Decree & Appeal: This stage is not applicable to Principal Judge of Family
Court. However, 13 responses indicate that review of decree does not require much
time and does not contribute to delay.
Execution of Decree: Out of 32 judges, 19 were of the opinion that execution of a
decree is taking substantial time and are responsible for causing major delay as it
involves institutional gaps. It is clear from the responses that average time taken for
the execution varies from 8 months to 1 year. Judges of many districts like
Hoshangabad, Indore, Jabalpur, Khandwa, Rewa, and Shivpuri stated in their
responses that it takes more than one year for the execution. On an analysis it was
found that execution of decree amounts to major bottleneck in a life cycle of family
dispute case.
From the above analysis, it can be summarized as to which stage is causing delay in
the family dispute matters in (Table no. 10 below).
Institution Stage
1. Institutional of Suit Causing No Delay
2. Issue of Service and Summon Causing High Delay
3. Appearance of defendant Causing High Delay
4. Filing of written statement Causing High Delay
5. Replication and Rejoinder Causing No Delay
6. Framing of Issue Causing No Delay
Trial Stage
1. Plaintiff Evidence Causing High Delay
2. Cross-Examination of plaintiff and
defendant
Causing High Delay
3. Defendant Evidence Causing High Delay
4. Final Hearing Causing No Delay
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 50
Judgment Phase
1. Judgment Causing No Delay
2. Execution of Decree Causing High Delay
(Table No. 10)
Serial
No.
Phases Stages Existing time
consumed in each
stage (approx.)
Proposed time
for each stage
1 Institution
Phase
Institution of Suit 3 days 2 days
Issue & Service of
Summons
180 days 60 days
Appearance of
defendant
120 days 60 days
Filing of written
statement
80 days 30 days
Framing of Issues 30 days 15 days
2 Trial Phase Plaintiff Evidence 150 days 60 days
Cross-
Examination of
Plaintiff
60 days 30 days
Defendant
Evidence
100 days 60 days
Cross
Examination of
Defendant
30 days 30 days
Final Hearing 20 days 20 days
3 Judgment
Phase
Judgment 15 days 15 days
Execution of
Decree 240 days 90 days
Total
Approximately
1028 Days (2 year 8
Months)
Approximately
472 Days
(Table No. 11)
Form the above observation, it is clear that approximately 1028 days (2 years and 8
months approx.) are normally taken to dispose of one family dispute. Unfortunately if
the dispute is of complex nature or if it is contested, the life span of family dispute will
further increase. The situation is alarming because on one hand cases are taking
considerably more time in disposal, while on the other hand institution of new cases is
consistently increasing in a much faster way.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 51
Special focus should be given to the stage which leads to delay such as; Issue &
Service of Summons, Appearance of Defendant, Filing of Written Statement, Plaintiff
Evidence, Cross-Examination of Plaintiff, Defendant Evidence and Cross
Examination of Defendant. The need is to limit adjournments or grant shorter
adjournments considering the present situation.
From Table 7 it can be seen that institution of suit could be completed within a day or
even in some hours, while framing of issues can be completed in a day as responded
by some judges. Similarly during trial phase, evidence of both parties could be
completed within a day each, along with cross-examination requiring few hours or
adding another day as inferred from the responses received from presiding judges of
Family Courts. But in the present situation of pendency, it is evident that the said
suggested duration is not followed in reality in all Family Courts owing to different
and complex nature of cases in each court. Proposing a stricter time-frame may not be
apt at the moment and therefore the research team after analyzing the responses
proposes a longer time-frame for completion of family dispute matter in Table 11
which could be made achievable.
If the dispute is consented and not contested then steps should be taken to resolve the
dispute in a speedy manner through alternate means of dispute resolution. Since
consented cases normally does not require any technical or rigorous trial so it can
easily be disposed of in a shorter span of time.
Institution of Cases from 2015-2019: (Chart Nos. 6, 7, 8, 9, and 10)
This part of analysis deals with the institution of cases in Family Courts of various
districts from 2015 till 2019 to understand how courts are dealing with the backlog of
cases and gives an overall statistics pertaining to the institution of cases for the past 5
years. Simultaneously a reference was also made to cases, which were disposed-off
for past 2 years (2017 and 2018) so as to compare the rate of disposal of cases, which
is essential to find out the gap between institution and disposal.
The pendency of cases has increased significantly from the last two decades and
Family Courts are no exception. Between 2006 and now, there has been an overall
increase of 22% (64 lakh cases) in the pendency of cases across all courts including
Family Courts11.
11 Sources: Court News, 2006, Supreme Court of India; National Data Judicial Grid accessed on
August 7, 2019; PRS.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 52
The institution of new cases is increasing with growing family disputes covering every
aspect of legal battle. The slow disposal of family cases accrues to the existing
pendency and simultaneously the difference between institution and disposal is
creating a bottleneck causing backlog in Family Courts across the state of Madhya
Pradesh.
As per the data collected from the NJDG it was observed that around 40,000 cases
were pending in Family Courts of Madhya Pradesh as on February 2019. Out of which
22,539 cases were pending between 0 to 1 year, 9,666 cases were pending for 1 to 3
years, 2,360 cases were pending between 3 to 5 years, 436 cases were pending for
more than 5 years and 80 cases were pending for more than 10 years approximately.
It was also observed that Family Courts in districts of Bhopal, Chhindwara, Gwalior,
Indore, Jabalpur, Katni, Satna, and Ujjain are facing problems of high pendency
compared to Family Courts in other districts. The charts given below gives a clear
view with regard to the institution of new cases and disposal rate.
Note: Some of the figures indicated in Chart Nos. 6, 7. 8, 9, and 10 below are
approximate number of cases instituted which are calculated on an average basis for
some Family Courts, based on responses received.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 53
(Chart No. 6)
Chart No. 6: The Family Court judges were asked to provide data regarding number
of cases instituted in 2015. From the above chart, it is clear that a total of 20,508 new
cases were instituted in 2015. It can be seen that large number of cases are instituted
in Family Courts of Bhopal i.e. 2117 cases, followed by Family Court of Gwalior and
Jabalpur with over 1928 and 1869 cases being instituted respectively. Further, Family
Court in the districts of Betul, Bhind, Chhindwara, Dindori, Indore, Katni, Mandsaur,
Rajgarh, Ratlam, Sagar, Satna, Shahdol, Shivpuri, Tikamgarh and Ujjain also has
268858
543300
1869474
324664
476509
746653
307574
2702117
689665
60337
227866886
618825
5491928
461184
713226
322
0 500 1000 1500 2000 2500
SeoniChhindwara
RajgarhRewa
JabalpurMorena
DewasMandsaur
DatiaSagarSatna
TikamgarhBurhanpur
BhindHosangabad
BhopalKatni
ShivpuriPanna
ChattarpurSidhi
IndoreDhindori
BetulShahdolRatlam
GwaliorGuna
AshoknagarUjjain
NeemuchKhadwa
Number of cases
Fam
ily C
ou
rts
in t
he
Sta
te o
f M
P2015: NUMBER OF CASES INSTITUTED
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 54
institution of cases within the range of 500-1000 cases which reflects the increasing
number of litigation in the family dispute matters.
(Chart No. 7)
Chart No. 7: Similarly in the year 2016, a total of 20,220 cases were instituted. Family
Court in the districts of Bhopal, Gwalior and Jabalpur have maximum institution of
cases i.e. 2306, 1929 and 1830 respectively, falling in the range of more than 1000
cases. On other hand the Family Court of Ujjain shows significant increase in the rate
of the institution of cases from 713 in 2015 to 1149 cases instituted in 2016. It evident
354
852
397
315
1830
378
410
656
254
553
533
539
618
575
271
2306
676
333
201
375
191
997
398
582
492
604
1929
410
218
1149
223
601
0 500 1000 1500 2000 2500
Seoni
Chhindwara
Rajgarh
Rewa
Jabalpur
Morena
Dewas
Mandsaur
Datia
Sagar
Satna
Tikamgarh
Burhanpur
Bhind
Hosangabad
Bhopal
Katni
Shivpuri
Panna
Chattarpur
Sidhi
Indore
Dhindori
Betul
Shahdol
Ratlam
Gwalior
Guna
Ashoknagar
Ujjain
Neemuch
Khadwa
Number of cases
Fam
ily C
ou
rts
in t
he
Sta
te o
f M
adh
ya P
rad
esh
2016: NUMBER OF CASES INSTITUTED
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 55
that around 12 districts comes within the range of 500-1000 cases being instituted in a
year.
(Chart No. 8)
Chart No. 8: During 2017, a total of 21,500 cases were instituted. The district wise
institution of cases in Family Courts of Bhopal is 2456 followed by Gwalior which is
1888 cases and Jabalpur with 1970 cases instituted in 2017. It can be seen that during
2017, Ujjain had lesser number of cases being instituted as compared to 2016 whereas
315
907
456
540
1970
486
398
657
317
488
751
598
666
578
310
2456
592
462
224
449
209
1019
262
677
537
574
1888
538
273
639
223
1041
0 500 1000 1500 2000 2500 3000
Seoni
Chhindwara
Rajgarh
Rewa
Jabalpur
Morena
Dewas
Mandsaur
Datia
Sagar
Satna
Tikamgarh
Burhanpur
Bhind
Hosangabad
Bhopal
Katni
Shivpuri
Panna
Chattarpur
Sidhi
Indore
Dhindori
Betul
Shahdol
Ratlam
Gwalior
Guna
Ashoknagar
Ujjain
Neemuch
Khadwa
Number of cases
Fam
ily C
ou
rts
in t
he
Sta
te o
f M
P
2017: NUMBER OF CASES INSTITUTED
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 56
there has been a significant increase in institution of cases in the Family Court of
Khandwa from 601 cases in 2016 to 1041 cases instituted in 2017.
(Chart No. 9)
Chart No. 9: A total of 22,620 cases were instituted in 2018. It can be seen from the
previous charts that Family Courts of Bhopal, Gwalior and Jabalpur have
approximately over 2000 cases being instituted each year. One of the reason for the
increasing number of institution in these districts is large population and bigger
617
896
474
508
1872
462
413
677
476
511
872
710
579
675
343
2004
773
636
260
493
192
1202
375
700
562
684
1849
621
243
710
330
901
0 500 1000 1500 2000 2500
Seoni
Chhindwara
Rajgarh
Rewa
Jabalpur
Morena
Dewas
Mandsaur
Datia
Sagar
Satna
Tikamgarh
Burhanpur
Bhind
Hosangabad
Bhopal
Katni
Shivpuri
Panna
Chattarpur
Sidhi
Indore
Dhindori
Betul
Shahdol
Ratlam
Gwalior
Guna
Ashoknagar
Ujjain
Neemuch
Khadwa
Number of Cases
Fam
ily C
ou
rts
in t
he
Sta
te o
f M
adh
ya P
rad
esh
2018: NUMBER OF CASES INSTITUTED
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 57
districts as compared to other districts. Family Court of Indore shows a slight increase
in cases instituted in 2018 as compared to previous years.
(Chart No. 10)
Chart No. 10: The data pertaining to institution of cases for 2019 is either before or
till the month of May since the research was ongoing for the said duration. The chart
gives a similar picture of institution as compared to the last 4 years.
The above charts pertaining to institution of cases from the year 2015 till 2018 and
2019 (till May) indicates that there is a continuous increase in number of cases being
354
460
208
299
683
254
462
284
224
192
467
283
297
241
166
643
297
265
142
241
144
598
170
204
123
312
1052
244
102
391
132
382
0 200 400 600 800 1000 1200
Seoni
Chhindwara
Rajgarh
Rewa
Jabalpur
Morena
Dewas
Mandsaur
Datia
Sagar
Satna
Tikamgarh
Burhanpur
Bhind
Hosangabad
Bhopal
Katni
Shivpuri
Panna
Chattarpur
Sidhi
Indore
Dhindori
Betul
Shahdol
Ratlam
Gwalior
Guna
Ashoknagar
Ujjain
Neemuch
Khadwa
Number of cases
Fam
ily c
ou
rts
in t
he
Sta
te o
f M
adh
ya P
rad
esh
2019 (BEFORE MAY) : NUMBER OF CASES INSTITUTED
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 58
filed in Family Courts each year. The figures are ever increasing and shows the
changing nature of accessibly to Family Courts for multiplicity of family dispute.
Table No. 12: The number of cases disposed of by Family Courts of Madhya Pradesh
in 2017 and 2018.
(Table No. 12)
Districts 2017 2018
Seoni 99
Chhindwara 329 184
Rajgarh 701
Rewa 539 427
Jabalpur 480 24
Morena 1153 1098
Dewas 363 453
Mandsaur 528 641
Datia 250
Sagar 568 520
Satna 626 595
Tikamgarh 683
Burhanpur 199
Bhind 382 593
Hosangabad 225 146
Bhopal 2314 2121
Katni 625 436
Shivpuri 359
Panna 211 208
Chattarpur 479
Sidhi 240 161
Indore 974 1132
Dhindori 375 170
Betul 648 645
Shahdol 562
Ratlam 503 456
Gwalior 1586 1878
Guna 562 464
Ashoknagar 302 188
Ujjain 704 333
Neemuch 273 232
Khadwa 1110
Sum 14709 17348
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 59
The above chart indicates that the number of cases disposed off for 2017 and 2018.
In 2017, approx. 14,709 cases were disposed off while approx. 17348 cases were
disposed off in 2018 by various Family Courts of Madhya Pradesh.
Note: Combined data for 2017 and 2018 was provided by the Family Court of
Khandwa, Chhatarpur, Rajgarh, Shivpuri, Seoni, and Shahdol which has been
considered in 2018 for the purpose of analysis in the present study. The response from
the Family Court of Dhindori mentioned 540 cases for 2017-2018, which has been
divided in 2017 and 2018 approximately adding to 545. Therefore, these numbers for
said districts are indicative and not an exact figure due to limitation of availability of
exact data.
Institution and Disposal: Analysis based on data received through
Questionnaire
Serial
No 2017 2018
Average
Institution
per year
Average
Rate of
Disposal
No. of
cases
pending >1
yr. on
31.10.2019
No. of
Judges
1 Institution 21,500 22,260
21,880 16,046 34,902 32
2 Disposal 14,709 17,384
(Table No. 13)
As per the above Table no. 13, an average 20,000 new cases are instituted every year.
It is imperative for the study to identify the number of fresh cases filed vis-a-vis the
number of cases disposed to highlight the gap leading to pendency. Since the rate of
institution is showing an increasing trend with regard to family disputes and will
probably escalate in the coming years. If the rate of disposal is higher to the rate of
institution, then there will be a substantial reduction in backlog of cases.
Table No. 14: Average number of cases instituted versus cases disposed by Family
Courts in Madhya Pradesh (for 32 districts), provide an approximate number of cases
remaining to be disposed off, and thereby reflecting an approximate number of cases
pending.
Serial
No.
Institution of
new cases:
(average)
Existing
pendency as per
NJDG (approx.)
Total
Average
Disposal
(approx.)
Remaining
1 20,000 40,000 60,000 15,000 45,000
(Table No. 14)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 60
Considering the above situation, a possible and well-formulated strategy is required to
deal with the present situation of pendency. The research team proposes few
suggestions at the end of study to address the current situation of crisis by providing
methodologies to deal with the increasing caseload.
Table Nos. 15, 16 & 17: Category wise filing in Family Courts – The research team
had sought responses pertaining to number of cases filed in last three years under
various categories of civil and criminal matters. It is observed from the following
tables that maximum number of cases instituted relates to maintenance under Sec. 125
of the CrPC amounting to 39% approximately. Further, it could be seen from the
responses that Sec. 125 cases are filed in high numbers in the Family Court of Gwalior
followed by Burhanpur and Jabalpur. Approximately 24% cases are filed under Sec.
13 and around 15-16% of cases are filed under Sec. 9 of the Hindu Marriage Act. It
can also be seen that over past three years, number of cases filed under each category
has been increasing continuously. Under the head ‘any other’ responses indicate that
cases relating to execution and recovery proceedings under Sec. 125(3) of the CrPC
are also instituted in substantial numbers. Cases relating to miscellaneous jurisdiction
(MJC) and cases involving the Guardian & Wards Act are also filed in Family Courts.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 61
(Table No. 15)
Districts
Maintenan
ce U/S 125
CrPC
Divorce
Simpliciter
Divorce w/r
Judicial
separation
and
Restituiton
Judicial
Separation
Restitution
of Conjugal
Rights
Custody of
Child
Any
Other
Chhindwara 272 182 2 13 114 24 245
Rajgarh 128 9 32 1 16 3 0
Rewa 89 0 109 0 0 3 17
Jabalpur 428 705 115 116 230 44 329
Morena 154 118 0 0 63 14 104
Dewas 88 0 188 0 0 8 3
Mandsaur 227 85 0 10 68 12 0
Datia 117 131 0 0 0 63 3
Sagar 184 146 0 0 110 0 40
Panna & Satna 225 127 0 4 194 23 32
Tikamgarh 210 29 35 2 78 5 180
Burhanpur 499 48 0 0 45 0 6
Bhind 309 51 0 0 62 13 11
*Hosangabad 93 91 0 0 53 4 27
Katni 263 0 268 0 0 0 41
Shivpuri 324 200 50 59 43 20 0
Chattarpur 100 107 0 0 94 12 65
Sidhi 51 44 3 0 30 0 99
Dhindori 150 45 3 0 32 4 32
Betul 210 123 0 1 76 6 2
Shahdol &
Anuppur 314 21 72 5 53 9 18
Ratlam 282 173 42 3 154 30 296
Gwalior 528 514 0 8 326 34 293
*Guna 107 159 0 0 81 3 10
Ashoknagar 68 52 3 0 37 4 36
*Ujjain 226 347 0 0 176 35 0
Neemuch 109 63 0 0 38 3 10
Khadwa 64 2 1 0 6 1 0
Sum 5819 3572 923 222 2179 377 1899
% Total 38.82% 23.83% 6.16% 1.48% 14.54% 2.51% 12.67%
2015-16
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 62
(Table No. 16)
Districts
Maintenan
ce U/S 125
CrPC
Divorce
Simpliciter
Divorce w/r
Judicial
separation
and
Restituiton
Judicial
Separation
Restitution
of Conjugal
Rights
Custody of
Child
Any
Other
Chhindwara 263 202 3 7 106 33 293
Rajgarh 162 12 38 2 20 3 0
Rewa 79 0 133 0 0 9 12
Jabalpur 471 750 82 84 180 37 170
Morena 113 144 4 0 78 8 49
Dewas 117 0 204 0 0 13 17
Mandsaur 187 98 0 4 72 27 0
Datia 221 265 0 0 0 19 3
Sagar 220 155 0 0 116 0 54
Panna & Satna 327 153 0 6 274 75 6
Tikamgarh 228 43 39 3 69 3 213
Burhanpur 529 49 0 0 55 0 8
Bhind 251 135 0 0 113 18 31
*Hosangabad 71 117 0 0 50 5 54
Katni 349 0 313 0 0 0 16
Shivpuri 140 60 60 43 53 9 0
Chattarpur 93 67 0 2 81 4 84
Sidhi 50 52 4 0 26 0 59
Dhindori 120 29 2 0 23 2 68
Betul 127 114 0 1 95 7 8
Shahdol &
Anuppur 388 17 46 2 49 7 28
Ratlam 307 162 39 4 138 24 340
Gwalior 537 367 0 8 640 26 122
*Guna 161 167 0 0 101 0 5
Ashoknagar 75 66 6 0 46 8 47
*Ujjain 205 232 0 0 96 15 0
Neemuch 105 63 0 0 37 4 14
Khadwa 202 38 49 0 49 2 0
Sum 6098 3557 1022 166 2567 358 1701
% Total 39.42% 22.99% 6.61% 1.07% 16.59% 2.31% 11.00%
2016-17
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 63
(Table No. 17)
Districts
Maintenan
ce U/S 125
CrPC
Divorce
Simpliciter
Divorce
w/r Judicial
separation
and
Restituiton
Judicial
Separation
Restitution
of Conjugal
Rights
Custody of
Child
Any
Other
Chhindwara 267 258 2 4 138 36 191
Rajgarh 166 9 42 2 41 3 0
Rewa 131 0 187 0 0 22 28
Jabalpur 504 788 55 50 241 34 246
Morena 151 131 2 0 62 8 93
Dewas 193 0 250 0 0 7 18
Mandsaur 221 89 0 3 70 14 0
Datia 309 311 0 0 0 27 11
Sagar 205 122 0 0 83 0 47
Panna & Satna 342 197 0 11 372 31 41
Tikamgarh 236 49 39 2 68 11 305
Burhanpur 448 57 0 0 53 0 6
Bhind 277 122 0 0 131 14 12
*Hosangabad 90 113 0 0 53 11 50
Katni 361 0 383 0 0 0 29
Shivpuri 243 60 60 63 63 17 0
Chattarpur 154 98 0 4 108 15 112
Sidhi 57 65 3 0 28 0 56
Dhindori 49 39 5 0 50 6 91
Betul 248 86 2 2 83 5 10
Shahdol &
Anuppur 363 29 77 6 50 12 25
Ratlam 377 158 41 3 127 32 342
Gwalior 507 706 0 8 458 48 31
*Guna 183 194 2 0 108 1 10
Ashoknagar 72 58 4 0 43 4 40
*Ujjain 171 226 0 0 118 7 0
Neemuch 174 86 0 0 46 11 13
Khadwa 310 83 104 0 113 23 0
Sum 6809 4134 1258 158 2707 399 1807
% Total 39.42% 23.93% 7.28% 0.91% 15.67% 2.31% 10.46%
2017-18
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 64
Chart No. 11: The chart represents consolidated data relating to number of cases filed
under various categories for the years 2015-2016, 2016-2017, and 2017-2018 to give
a comparative picture. Tables 15, 16 and 17 have been collated and analyzed in the
chart below.
(Chart No. 11)
6809
6089
5819
4134
3557
3572
1258
1022
923
158
166
222
2707
2567
2179
399
358
377
1807
1701
1899
0 1000 2000 3000 4000 5000 6000 7000 8000
2017-18
2016-17
2015-16
Number of cases filed
Year
-wis
e fi
ling
2017-18 2016-17 2015-16
Any Other 1807 1701 1899
Custody of Child 399 358 377
Restitution of Conjugal Rights 2707 2567 2179
Judicial Separation 158 166 222
Divorce w/r Judicial separationand Restituiton
1258 1022 923
Divorce Simpliciter 4134 3557 3572
Maintenance U/S 125 CrPC 6809 6089 5819
CATEGORY WISE CASES FILED
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 65
Chart No. 12: Please state the type of family cases which are complex in nature and
often tends to get delayed.
(Chart No. 12)
Judges of Family Courts were asked to state the type of cases which are complex in
nature and which often tends to get delayed due to its complexity. In the category of
civil cases, 24 responses indicated that cases relating to dissolution of marriage are
most complex in nature relating to the Hindu Marriage Act or the Dissolution of
Muslim Marriage Act 1939, followed by cases relating to custody of child and judicial
separation. 10 responses highlighted that maintenance cases under Sec. 125 of the
CrPC falling under the category of criminal cases are also complex in nature and often
tends to get delayed due to multiple issues involved.
Under the heading ‘Any other’ in the above Chart 12, the responses point out two more
categories of cases which are sometimes complex and leads to delay: (1). Cases of Sec.
9 under the Hindu Marriage Act pertaining to restitution of conjugal rights and, (2).
Recovery of maintenance under Sec. 125 (3) of the CrPC. It was mentioned by one of
the judge that child custody cases are most complex as it involves multiple issues
relating to welfare of the child.
While analyzing the district wise pendency in each category of cases, the research
team found out that under the category of civil cases there is pendency in cases relating
Maintenance under Sec. 125 of
CrPC, 10
Dissolution of Marriage, 24
Judicial Separation, 4
Custody of Child, 13
Any other, 6
No Response, 1
COMPLEX CASES: WHICH TENDS TO GET DELAYED
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 66
to Sec. 13 and Sec. 9 of the Hindu Marriage Act, while under the category of criminal
cases Sec. 125 & 123 (3) of the CrPC cases have maximum pendency. Therefore on
the basis of an analysis of data relating to pendency and the nature of complexity of a
case, it can be seen that these particular category of cases are complex in nature with
multiple issues involved, causing bottlenecks leading to delay.
Chart No. 13 and 14: The Family Court judges were asked to state whether cases are
pending for 5 to 10 years and 10 years and above in their respective courts to
correspond with the data collected in this regard from the NJDG.
(Chart No. 13)
From the above Chart 13, it can be seen that Family Courts in 17 districts have cases
pending between 5 to 10 years, which include Family Court of Ashoknagar, Bhopal,
Burhanpur, Dhindori, Guna, Gwalior, Hoshangabad, Jabalpur, Katni, Khandwa,
Morena, Neemuch, Rewa, Sagar, Seoni, Shahdol, and Sidhi. However, the Family
Court of Betul, Bhind, Chhatarpur, Chhindwara, Datia, Dewas, Indore, Mandsaur,
Panna, Rajgarh, Ratlam, Satna, Shivpuri, Tikamgarh, and Ujjain responded that no
case is pending in their court for 5 to 10 years.
17
15
14 14.5 15 15.5 16 16.5 17 17.5
Yes
No
CASES PENDING FOR 5-10 YEARS
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 67
(Chart No. 14)
As indicated in Chart 14, there are seven Family Courts in the district of Bhopal,
Chhindwara, Dhindori, Gwalior, Rewa, Sagar, and Sidhi, where cases are pending for
more than 10 years.
Chart No. 15: Further, the judges were asked about the number of cases actually
pending for more than 5 and 10 years. It is imperative to identify the exact number of
cases pending before the Family Court of Madhya Pradesh. The Chart 15 below
represents that 230 cases i.e. 85.8% cases are pending in between 5 to 10 years and 38
cases i.e. 14.2% cases are pending for 10 years or more.
However, it is important to highlight that as per the NJDG, approximately 436 cases
are pending which are more than 5 years old and around 79 cases are pending which
are older than 10 years or above.
7
25
0 5 10 15 20 25 30
Yes
No
CASES PENDING FOR 10 YEARS AND ABOVE
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 68
(Chart No. 15)
Chart No. 16: It is evident from above charts that cases are pending in Family Courts
for 5 years and more, and therefore it is pertinent to find out reasons due to which
cases are pending in these special courts for longer period. A question was asked to
the judges presiding over Family Courts as to what are the reasons for pendency which
are represented in the Chart below.
(Chart No. 16)
230
38
0
50
100
150
200
250
5-10 Years 10 Years & above
Nu
mb
er
of
Cas
es
Years
TOTAL NUMBER OF CASES PENDING
2
4
6
3
1
11
0
2
4
6
8
10
12
Nu
mb
er o
f re
spo
nse
s
Reasons
REASONS FOR CASES PENDING
Principal Judge seatvacant in FC
Complex cases
Parties not present
Adjournments
Lack of Assistance fromlegal representatives
Any other
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 69
From the responses in the above chart, bottlenecks were identified causing delay as:
1. two responses indicated that cases get delayed because the Family Court of
Principal Judge is vacant;
2. four responses highlighted that complex nature of cases leads to delay in
proceedings;
3. six responses mentioned about unavailability of parties during trial;
4. Three responses indicated that frequent and unrequired adjournments leads to
delay; and
5. one response stated that the lack of legal assistance also a challenge in speedy
disposal.
Further, under the head ‘Any other’, cases are pending for 5 years and above due to
non-payment of maintenance amount under Sec. 125(3) of the CrPC as indicated
through responses. It was also observed that non-applicants are not present in such
type of recovery cases and no property is attached. It was also indicated that most of
the cases pending for 5 to 10 years or above are matters stayed by the High Court
which are reflected as backlog cases. During the field study, it was observed that there
are cases stayed for more than 7 to 8 years by the High Court.
Chart No. 17: A stipulated time-period is mentioned under Sec. 21 B (2) of the Hindu
Marriage Act 1955 for expeditious disposal of family dispute cases. The judges were
asked if they are able to conclude the trial within six months from the date of service
of notice as stipulated under Sec. 21 of the Hindu Marriage Act.
(Chart No. 17)
8
22
2
0
5
10
15
20
25
Yes No No Response
SEC. 21 B (2) OF THE HMA - 6 MONTHS TIMEFRAME
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 70
The Hindu Marriage Act, 1955, under Sec. 21 B (2), provides for a timeframe to
dispose off family matters in a timely manner within six months. The said section is a
special provision relating to trial and disposal of petitions, which states that:
1) The trial of a petition under this Act, shall so far as is practicable
consistently with the interests of justice in respect of the trial, be continued
from day to day until its conclusion unless the court finds the adjournment
of the trial beyond the following day to be necessary for reasons to be
recorded.
2) Every petition under this Act shall be triad as expeditiously as possible
and endeavor shall be made to conclude the trail within six months from
date of service of notice of the petition on the respondent.
3) Every appeal under this Act shall be heard as expeditiously as possible,
and endeavor shall be made to conclude the hearing within three months
from the date of service of notice of appeal on the respondent.
The Presiding judges of the Family Court were asked about possibility of disposing a
family dispute matter within the stipulated time-frame of six months. It is clear from
the above Chart 17 that, 22 out of 32 responses (68 %) indicate that it is difficult to
dispose of the matter in the stipulated time due to various reasons as stated below and
only 8 responses stated that they are able to conclude the matter within the time
mentioned in the section.
Reasons suggested in the responses received for non-disposal of matter within
stipulated time-frame are:
Family Courts in some districts have high pendency of 1000 or more cases
which makes it difficult for presiding judges of these courts to complete the
case within the stipulated 6 months.
Lengthy cross-examination & multiplicity of witnesses
Frequent adjournments sought by both parties and their advocates for filing
reply. Delay in giving evidence by parties and filing of interim applications
results in delays in trial.
Prior settlement is one of the main object of the Act. But, settlement efforts
like mediation and reconciliation proceedings takes approximately 3 months.
Also, in between proceedings parties seeking reconciliation makes it
difficult to adhere to time-frame.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 71
Procedural complexity and non-cooperation of parties is also one of the
reasons of delay in concluding the trial.
Intention of one party to harass another also leads to delay in continuous
proceedings.
One judge is being designated as Principal Judge of Family Court for more
than one district’s Family Court which requires simultaneously working in
linked courts or two separate courts.
Absence of full time Family Court in some districts.
Many a time non-applicants uses delay tactics to delay the trial.
Frequent transfer of Family Court judges makes it difficult for a judge to
complete trial within 6 months due to lack of training in dealing with the
nature of family cases.
It was also stated that only ex-parte cases are generally decided within the
given timeframe.
Legal Representation in Family Matters
Sec. 13 of the Act provides that parties to a suit in a proceeding shall not be entitled to
legal representation as a right. The object of the legislators was not to completely
restrict the rights of parties. Instead the proviso to the section empowers court to seek
assistance of a legal practitioner as amicus curiae. Responses were sought from the
Principal Judge of Family Courts whether legal representatives are appointed by
parties in their family dispute in their respective courts. It was pertinent to find out that
all 32 responses unanimously indicated that parties appoint legal representative in
almost every case filed before a Family Court in Madhya Pradesh. However, the
response from the Family Court of Bhopal commented that there are a few rare cases,
where parties have self-represented their matter.
The whole object of the Act to speedy trial and accessibility of these courts to litigants
under Sec. 13 of the Act is vitiated by cases being represented by legal representatives
as regular civil or criminal suit. During the study, it was found that due to complex
procedures involved in family matters from its institution till disposal and lack of
knowledge of litigants makes it essential for parties to seek legal representative.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 72
Court and Case Management
Chart No. 18: How many cases on an average are put up on the daily board in Family
Court?
(Chart No. 18)
The above chart shows that on an average more than 20 cases are put up on daily
board/register of the Family Court. It was observed during the field visit that in some
districts number of cases put up in daily register is more than 100 and, Family Court
of Indore maintains separate registers for criminal and civil cases which enlists more
than 80 cases per day. Few responses indicated that only 5-20 cases are put up in daily
register.
It could be seen that there is high frequency of cases in some districts which often
amounts to heavy workload for Family Court judges in these districts leading to
pendency. Due to the intricate nature of family dispute, sometime arguments by parties
and evidence takes up a long time involving multiple issues which causes a lot of
pressure on the presiding judge of the Family Court to maintain the disposal rate and
at the same time address each case at length.
Chart No. 19: It was pertinent to find out whether there is an assigned time line for
concluding the oral hearing in Family Courts and if time is assigned then whether the
judges of Family Courts are able to follow the assigned time. During the study, it was
observed that substantial amount of time is consumed by both parties during the trial
phase. Considering this background, the below Charts 19 & 19.1 represent responses
1
3
27
0 5 10 15 20 25 30
Between 5-10 cases
Between 15-20
More than 20
Responses
Nu
mb
er o
f C
ases
AVERAGE CASES PUT UP ON DAILY BOARD/REGISTER
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 73
received from Family Court judges in the districts of Madhya Pradesh. Out of 32
Judges, 34% of responses mentioned that a stipulated time is assigned for concluding
oral hearing, whereas 65% of responses stated otherwise.
(Chart No. 19) (Chart No. 19.1)
Chart No. 19.1: Further, the research team tried to find out that if there is an assigned
time line for oral hearing, whether judges of Family Courts are able to follow the said
stipulated time for oral hearing. The responses indicated that time assigned is followed
by 35% of judges out of total responses received. However 59% of judges indicated
that oral hearing exceeds the assigned time.
It was observed by the research team that time which is being consumed by parties for
oral hearing can be reduced substantially, if, stipulated time frames are followed in
Family Court proceedings.
34%
66%
TIME ASSIGNED FOR
ORAL HEARING
Yes
No
35%
59%
3% 3%
ADHERENCE TO TIME
ASSIGNED
Yes
No
No Response
Not Applicable
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 74
Chart No. 20: Are the cases for recovery of maintenance allowance regularly taken
up and effective steps are taken to release the amount of maintenance due:
(Chart No. 20) (Chart No. 20.1)
During the study it was observed that
maintenance cases under Sec. 125 of the
CrPC have high pendency as compared to
other categories of family cases. The
recovery and execution proceedings are
also pending under the said provision.
Therefore, Family Court judges were
asked whether the recovery of
maintenance proceedings are regularly
taken up and whether effective steps have
been taken to release the amount of
maintenance to the parties involved.
From Charts 20, 20.1 & 20.2, it can be seen that the recovery of maintenance
proceedings are regularly taken up and 97% of the responses received indicated that
the amount of maintenance is paid directly to the claimant. Further, the responses also
indicated that proper receipt of maintenance allowance is kept on record in Family
Courts (as in Chart No. 20.2).
100%
0%
RECOVERY OF
MAINTENANCE
Yes
No
97%
3%
MAINTENANCE AMOUNT PAID
DIRECTLY TO CLAIMANT
Yes
No
100%
0%
RECEIPT KEPT ON RECORD
Yes
No
(Chart No. 20.2)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 75
Chart No 21: Whether a uniform and systematic mechanism for prioritization of cases
has been worked out in your Family Court:
(Chart No. 21)
After studying the purpose of establishing Family Courts, it was clear that speedy trial
is the essence for setting up these special courts. Effective case and court management
is an essential tool to reduce pendency in courts, thereby optimizing the efficiency of
courts. Therefore, judges were asked to mention whether any systematic and uniform
mechanism for prioritization of cases is followed in their respective Family Court
which may include cases relating to senior citizens, children, property disputes, and
divorce cases involving women victim of violence. Since these cases are complex in
nature and relates to issues pertaining to welfare of child, and age as a critical factor
which may be considered for taking up such matters on priority.
It could be seen from the above Chart 21, 17 responses from Family Court of Betul,
Bhind, Bhopal, Burhanpur, Chhatarpur, Dhindori, Gwalior, Indore, Morena,
Neemuch, Ratlam, Rewa, Sagar Seoni, Shahdol, Tikamgarh, and Ujjain stated that
they have worked out a systematic mechanism for prioritization of cases in their
respective Family Courts which help them to address cases requiring urgent hearing
due to its nature without causing delay through case management or docket
management. Whereas 15 responses stated otherwise, they felt that every family case
is of equal priority.
17
15
14 14.5 15 15.5 16 16.5 17 17.5
Yes
No
Number of responses
Res
po
nse
s
UNIFORM AND SYTEMATIC MECHANISM FOR
PRIORITIZATION OF CASES
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 76
Out of 17 responses, some judges also mentioned cases which could be prioritized
such as cases involving senior-citizens, young and small children over other cases.
Chart No. 22 & 22.1: On similar lines as previous charts, Family Court judges were
asked to give their opinion on case management in family matters where cases could
be categorized on the basis of urgency. It can be seen in the charts below that 50% of
judges were of the opinion that family dispute cases could be categorized based on
urgency. Family Courts of 8 districts including Betul, Burhanpur, Chhatarpur,
Chhindwara, Dhindori, Hoshangabad, Indore, and Rewa, stated that they categorize
cases on the basis urgency in their courts. Judges further highlighted cases which could
be dealt with as most urgent such as:
1) cases relating to adoption of child;
2) child custody cases; and
3) maintenance cases involving senior citizens and children
(Chart No. 22) (Chart No. 22.1)
Further, based on the responses received, other cases that could be categorized as
urgent included mutual divorce cases, cases relating to restitution of conjugal rights
and cases where application of interim maintenance is pending. However, some
responses stated otherwise as indicated in Chart 22 & 22.1 that in Family Court all
matters stand in equal footing and most family matters are equally urgent in nature.
The research team on the basis of analysis and field visit opines that better case
management techniques could be adopted in Family Courts whereby the cases
mentioned above could be given priority as they involve social issues.
16, 50%16, 50%
CAN FAMILY COURT CASES
BE CATEGORISED ON THE
BASIS OF URGENCY
Yes
No
8, 25%
24, 75%
DO YOU CATEGORISE CASES
ON BASIS OF URGENCY IN
YOUR COURT
Yes
No
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 77
(Chart No. 23)
Chart No. 23: It was felt essential that each Family Court should have an in-house
mechanism to monitor the status and progress of its cases within their respective
courts. This mechanism could help to keep a check and monitor bottlenecks to reduce
delay. Such in-house mechanism will further facilitate to identify the stage which
consumes time due to its complexity and could be addressed as required. The
responses received on the question whether Family Courts have adopted such
mechanism, 16 judges out of total responses received (50%) mentioned that they have
a mechanism in their courts to monitor progress of each case regularly. The other 16
district does not have a specific in-house mechanism to check progress of cases within
their courts.
Family Courts judges also highlighted some best practices followed by them in their
courts which could be adopted by other district’s Family Courts to keep track of each
case within their court itself such as:
1. Monitoring cases monthly and conducting regular inspection of files;
2. The Principal Judge could monitor the progress of each case as mentioned by
the Family Court of Gwalior;
3. Family Court in the districts of Bhind, Burhanpur and Ujjain uses Case
Information System (CIS) and does minute monitoring of cases to check the
progress of each case;
16, 50%16, 50%
IN HOUSE MECHANISM TO MONITOR THE PROGRESS
OF CASE IN RESPECTIVE COURTS
Yes
No
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 78
4. In the Family Court of Rewa, and Sagar Principal Judges monitor 5 to 10 and
3 to 5 years old cases every month respectively. The Presiding Judge discusses
with parties and their advocates to identify reason of dispute and ways to settle
it quickly;
5. The Principal Judge of Ratlam Family Court suggested that case files should
be marked with different colors on the basis of priority. Further, the reader
should be directed to place priority cases on the docket;
6. In the Family Court of Chhatarpur, the reader institutes the matter on same day
of filing, discusses issues with the party, records the reasons and informs the
opposite party at the earliest. Once both parties are present, the Principal Judge
suggest parties to discuss the matter amicably and arrive at settlement; and
7. The Principal Judge of Tikamgarh Family Court stated that he tries to ensure
that only those number of files are put up for a day which can be dealt with by
him personally excluding any mechanical operation of such files by clerical
staff. This acquaints the judge with the progress of each case in his court and
also ensures that no unreasonable adjournments are granted without thorough
examination of circumstances. Also the cases are prioritized according to time
progress ratio.
Some of the above suggestions and best practices provided by Family Court judges on
an in-house mechanism to check the progress of cases could be adopted by other
districts to have better court and case management. It was also highlighted that the
High Court controls all Family Courts and gives direction from time to time and take
monthly statement of cases.
Alternative Dispute Resolution (ADR) Mechanism
During the Conference on ‘National Initiative to Reduce Pendency and Delay in
Judicial System’, one of the core areas focused on was effective implementation of
ADR techniques and how far it has been effective to address pendency in courts
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 79
(Chart No. 24)
Chart No. 24: To find out the efficacy of ADR mechanism in Family Courts of
Madhya Pradesh, the research team collected responses on whether there are mediation
centers annexed to Family Courts. The responses in the above Chart 24 indicates that
out of 32 total responses received, 20 Family Courts in various districts of Madhya
Pradesh have mediation centers annexed to their court, which includes Family Court
of Ashoknagar, Bhind, Bhopal, Chhatarpur, Datia, Dhindori, Guna, Gwalior, Indore,
Jabalpur, Katni, Khandwa, Mandsaur, Morena, Rajgarh, Ratlam, Rewa Shahdol,
Tikamgarh, and Ujjain.
However, there are still 12 districts including Chhindwara, Seoni, Dewas, Shivpuri,
Panna, Neemuch, Satna, Burhanpur, Hoshangabad, Sagar, Sidhi and Betul where the
Family Court does not have a court annexed mediation center.
Further, it was also gathered from responses that judges presiding in these Family
Courts try to encourage parties to resolve their disputes by resorting to ADR
techniques by guiding them through mediation technique themselves. The Principal
Judges mentioned that they refer cases for mediation and make genuine efforts to
encourage parties to settle disputes beyond court.
Mediation centers attached to Family Courts are constituted so as to conduct the
mediation in family disputes. The mediator attached to the mediation center would
preferably be an advocate who would be well trained in the field of mediation. The
role of the mediator is to bring down the emotions of the litigating spouses and
20
12
0 5 10 15 20 25
Yes
No
Number
Re
spo
nse
sCOURT ANNEXED MEDIATION CENTER
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 80
neutralize them and place them on the pan of equity. Thereafter, the discussion would
go on in a joint session followed by a private session which is also termed as ‘Caucus’.
The process of mediation is purely voluntary. Litigating spouses should be explained
with the importance of mediation. Once the reference is made, mediation would go on
for a maximum of 60 days which is extendable till 90 days. When the parties arrive at
a settlement, the mediator sends the report to the Court along with the memorandum
of understanding entered by the parties. Thus, the case concludes amicably by virtue
of the inquisitorial process without adversarial adjudication.
Chart No. 25: Whether parties are willing to settle their family dispute matters through
mediation or conciliation instead regular proceedings in Family Courts.
(Chart No. 25)
To identify the prospects of mediation & conciliation techniques in family disputes
matter the research tried to find out to the extent to which parties are willing to settle
their matter through ADR techniques instead of adjudication by court. It was
commendable to note that 19 judges i.e. around 59% out of total responses indicated
that parties are willing to settle their disputes through mediation and conciliation
techniques which is represented in the above Chart 25, and 13 judges (41%) of the
responses mentioned that parties are not so willing to explore mediation techniques in
their family matters.
59%
41%
WILLINGNESS OF PARTIES TO SETTLE DISPUTE
THROUGH ADR
Yes
No
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 81
It is pertinent to note that these ADR techniques have been successful to a great extent
to settle disputes in family matters and thereby reducing the burden of court as
gathered from the responses of Principal Judges of Family Courts. As per the data
provided in some districts like Jabalpur, more than 80% and in Rajgarh 50% of family
cases are resolved through mediation
Chart No. 26: It was observed that in many districts ADR techniques is still not
resorted to by the parties. The research team suggested few options to Principal Judges
of Family Courts, which could be possible reasons for unwillingness of parties to
resolve their dispute by mediation which includes; (a) lack of trained mediators and
conciliators, (b) unawareness of parties regarding ADR, (c) counsel pursue parties to
resort to adjudication, (d) mediation centers not annexed to Family Courts, and (e) lack
of trained counselors.
(Chart No. 26)
The judges were asked to give their response on why parties are not willing to resolve
their matter through mediation or conciliation technique from the suggested options.
It can be seen from the above Chart 26 that one of the main challenge in adoption of
the ADR is unawareness of parties regarding alternative means of dispute resolution
as indicated by 16 judges (30%). Further, 12 responses (23%) indicates that counsels
pursue parties to resolve the matter through adjudication instead of mediation followed
Lack of trained mediators & Conciliators
15%
Unawareness of parties regarding
ADR 30%
Counsels pursue parties to resolve
through Adjudication
23%
Mediation center not annexed to
family court17%
Lack of trained Counselors
15%
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 82
by 17% responses indicating that mediation center are not being annexed to Family
Court and 15% stated that due to lack of trained mediators and counsellors, ADR
techniques are not fully resorted to by parties. One of the response also pointed out
that many a times there are trained mediators but they do not make sincere efforts to
resolve a family matter in time.
A lot of efforts are required in the area of ADR specifically with regard to Family
Courts since the disputes are of such nature that they can be effectively resolved by an
outside court settlement instead of regular adjudication except in some cases. If Family
Courts have well established infrastructure with a court annexed mediation center
including trained mediators and conciliators, then these ADR techniques will be very
effective in reducing the pendency in Family Courts. Also some responses suggested
that courts must have kiosks setup to spread awareness regarding these techniques to
parties and its advantages.
With regard to counselling, it was observed that in Family Courts of some districts it
has been very efficient to bring parties to resolve their issues amicably outside court.
Counselling has been very successfully in family matters as mentioned by judges of
Family Court and observed during the field study. However, just like ADR there is
lack of trained counselors in Family Courts which makes these services ineffective.
Chart No. 27: Whether Lok Adalats are efficiently functioning for marital disputes in
your district:
(Chart No. 27)
29
3
0 5 10 15 20 25 30 35
Yes
No
EFFICIENCY OF LOK ADALATS IN MATRIMONIAL
DISPUTES
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 83
Lok Adalat is one of the ADR mechanisms, it is a forum where cases pending in the
court or at pre-litigation stage are settled amicably. Under the Legal Services
Authorities Act, 1987 the award made by Lok Adalat is deemed to be a decree of a
civil court and is final and binding on all parties and no appeal against such an award
lies before any court of law. If the parties are not satisfied with the award of the Lok
Adalat, though there is no provision for an appeal against such an award, but they are
free to initiate litigation by approaching the court of appropriate jurisdiction by filing
a case following the required procedure in exercise of their right to litigate.
There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending
in the court of law is referred to the Lok Adalat and is settled subsequently, the court
fee originally paid in the court is also refunded back to the parties. The members of
Lok Adalat plays the role of statutory conciliators only and do not have any judicial
role; therefore, they can only persuade the parties to come to a conclusion for settling
the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any
of the parties to compromise or settle cases or matters either directly or indirectly. The
Lok Adalat shall not decide the matter so referred at its own instance, instead the same
would be decided on the basis of the compromise or settlement between the parties.
The members shall assist the parties in an independent and impartial manner in their
attempt to reach amicable settlement of their dispute.
Family dispute matters are matters most suited for settlement through alternative
means like Lok Adalats which have been suitable in settling these disputes outside
court. The above Chart 27 indicates that out of 32 responses, Lok Adalat is efficiently
functioning in 29 districts for matrimonial disputes. However, in 3 districts including
Ratlam, Satna and Sidhi, it is not efficiently functioning due to lack of interest of
parties to appear on a particular day to attend Lok Adalat. The data provided by the
Family Court of Jabalpur highlights that, 12 cases were decided in 2016 through Lok
Adalats which increased to 74 cases in 2017, 90 in 2018 and around 39 cases till April-
May 2019. It can be seen that efficiency of Lok Adalats have been rapidly increasing
in matrimonial disputes.
Challenges in functioning of Lok Adalat in family disputes: It was stated that almost
all family dispute cases right from institution and even before litigation the judge gives
the opportunity to resolve the dispute through reconciliation, mediation and
counseling. Therefore, nothing remains to refer the matter for Lok Adalat. This is a
very valid argument that in some districts where proper counselling facility is available
in the Family Court for the parties in dispute and also they have undergone mediation
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 84
process, then referring the matter again to Lok Adalat will unnecessarily cause delay
in disposing the matter through adjudication unless the parties are really interested in
settlement by such means.
It is felt that instead of adopting all types of ADR mechanisms in a single case, only
one and incase the parties shows that there is a scope for amicable and the possibility
of out of court settlement, depending on the nature of each case either of the alternative
ways to settle dispute must be adopted.
Reasons for Delay
Major problems causing delay while adjudicating family matter and reasons for
pendency as suggested by Family Court judges. Some of the reason provided may
overlap with those specified earlier.
Long duration of institution phase
Considerable time taken is by execution and recovery of maintenance
proceedings.
Representation of parties by advocates in Family Courts due to their
professional interests do not proceed fast.
Non-cooperation or absence of parties during proceeding and counselling
sessions.
The main object of the Act is amicable settlement of disputes. Therefore,
sufficient time is given to arrive at settlement between parties.
Time consumed by the statutorily stipulated conciliation procedures/ Time
sought by parties during trial proceedings sighting possibility of compromise.
Lack of sufficient number of courts as compared to the number of
filings/institution.
Working of a judge at different districts as link Family Court is significant
cause of delay in some districts. Lack of facilities in linked court.
Insufficient numbers and untrained staff: Staff provided by district court are
generally incompetent and Inter-transfer of staff without consulting Principal
Judge of Family Court.
Evidence delayed by parties
Interim order of maintenance: under Sec 125 (1) and Sec. 24 of the Hindu
Marriage Act. In case of grant of interim maintenance wife or beneficiary does
not want to proceed the case.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 85
Agency for service of summons is inefficient: Incompetence of Police officers
to execute summons and recovery warrant on time. Non service of process
especially maintenance recovery warrant.
Avoidance of service of notice by the party concerned - Opponents (especially
husband) to evade their liability tries to delay the service of notice.
Lack of training and knowledge dealing with family matters amongst the
Family Court judges and lawyers.
According to Family Court Act and Rules various social welfare institutions
like NGOs, organizations and social workers must be associated. However lack
of such associations with the Family Court also leads to delay addressing in
family dispute matters.
Financial constraints among the parties often leads to delay in resolving the
matter even if they want to.
Seeking frequent adjournments
Table No. 18: It can be seen that the cases are mostly pending under Sec. 125 of the
CrPC and therefore opinion of the Family Court judges were sought on the reasons for
delay in such case and provide possible solutions to address these bottlenecks as
indicated in the figure below:
Sr.
No.
Reasons for delay in cases of Sec.
125 of the CrPC
Suggestions
1. Recovery under section 125 (3) is a
time consuming process. Recovery officer be appointed not
below the rank of inspector.
No adjournment be given to file
written statement and evidence
and if at all required then short
adjournments may be given.
Less time be given for reply of
application and evidence be taken
by affidavit and through video
conferencing and in brief.
2. Non-execution of warrant by the
Police
3.
Principal Judge sends letters to
higher police authorities for finding
out the status of service of summon
but does not get any response.
4. Matters relating to Sec. 125(3) of the
CrPC are mostly pending due to non-
payment of maintenance.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 86
5. Financial constraint or incapacity to
maintain or pay the amount of
maintenance on part of the husband
and many a times the husband pays
the amount by selling the ancestral
property.
Recovery cases under Sec.125 (3)
of the CrPC be specified year wise
separated.
Transfer of jurisdiction of Sec 125
of the CrPC cases to Magistrate’s
court.
If the cases are more than 500
additional judges be appointed.
No multiple witness be allowed
unless otherwise required.
Serious efforts be made by
presiding judge to get to
compromise between parties.
Maximum cases be referred for
mediation and Lok Adalat and
trained mediator and conciliator be
appointed in Family Courts.
6. Non-submission of documents
regarding income of parties.
7. After grant of interim maintenance,
applicant advocate tries to prolong
cases.
8. The cases filed for recovery of
maintenance amount are also covered
under this provision and they
generally constitute the major part of
pendency under this category.
Unwillingness of the party to honor
the order of payment & very
apathetic and non-responsive
approach by execution authority are
major cause of delay in disposal of
these cases. Moreover, there is
definitely a limitation period
prescribed for application filed for
recovery but once it is filed, it
remains pending on board unless the
whole of the arrears are paid till date.
This happens only rarely therefore,
the application for recovery stays
pending for numerous years. (Table No. 18)
Part IV: Information and Communication Technology (ICT) in Family Courts
Chart No 28: It is important to note that Mr. Justice Madan B. Lokur as a part of e-
committee of the Supreme Court of India, stated that the vision and goals of ICT are
to better manage caseload, reduce pendency and streamline the disposal of cases
through technology such as e-filing, e-summons, e-payment and video conferencing
which should be used extensively to facilitate litigant friendly courts.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 87
(Chart No. 28)
It is evident that adopting technology and new methodologies will certainly help to
reduce or eliminate the tedious task of manual filing. Considering this aspect a
question was asked to all the judges presiding over Family Courts of Madhya Pradesh
that, whether the electronic filing is available in their Family Court or not. According
to responses received, only 14 Family Courts are found currently using the electronic
filing, while the remaining districts of Betul, Bhind, Burhanpur, Chhatarpur, Gwalior,
Indore, Jabalpur, Katni, Mandsaur, Morena, Panna, Rajgarh, Ratlam, Sagar, Satna,
Sidhi, Tikamgarh and Ujjain do not have electronic filing system in their Family
Courts.
(Chart No. 29)
14
18
0
2
4
6
8
10
12
14
16
18
20
Yes No
Nu
mb
er o
f re
spo
nse
s
Response
ELECTRONIC FILING
25
6
1
0
5
10
15
20
25
30
Yes No NR
WHETHER E-FILING & ICT WILL FACILITATE SPEEDY
COURT PROCESS
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 88
Chart No 29: The e- Committee of the Supreme Court of India has designed and set-
up the e-filing system at different levels of judiciary, which enables electronic filing
of legal paper (termed as ‘e-filing’). It is also evident that e-transaction is increasing
very rapidly. In 2018, e-transactions were around 84,57,91,377 compared to 2017
which were 42,27,55,238. Therefore, Family Court judges were asked to state their
opinion on whether e-filing and ICT will facilitate speedy court process or not. 25
responses indicated that that e-filing in Family Courts will improve the existing system
of manual filing and will further speed up the overall process of case filing. However,
6 Family Court judges responded that e-filing will not be effective for fastening court
process.
Chart No. 30: Research team tried to find out whether all Family Courts under the
jurisdiction of the Madhya Pradesh High Court are equipped with computer or laptops
as a part of e-court project. From the responses received, it was gathered that all 32
Family Courts have been provided with computer and laptops.
(Chart No. 30)
Internet connectivity is an essential part of daily working and judiciary is no exception.
Considering the valuable amount of work done by e-committee for providing hardware
and all the essential equipment such as laptops, desktop to all districts, a question was
asked to judges presiding over the Family Court whether proper internet connectivity
is available in their court or not? Through responses, it was observed that 20 districts
have proper internet connectivity, whereas 2 districts including Indore and Sidhi do
not have internet connectivity in their Family Courts and 10 districts did not provide
any response.
20
2
10
0 5 10 15 20 25
Yes
No
NR
INTERNET CONNECTIVITY IN FAMILY COURT
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 89
Chart No. 31: In-camera trial under Sec. 11 of the Act.
(Chart No. 31)
Chhatarpur, Datia, Gwalior, Indore, Jabalpur, and Mandsaur have not yet conducted
an in-camera trial in any family disputes matter.
In-camera proceeding is usually conducted in the cases of matrimonial disputes
including judicial separation, divorce proceedings, impotency and more such cases. In
October 2017, while hearing a transfer petition, the Supreme Court the case Santhini
vs. Vijaya Venketesh12 ruled that matrimonial disputes may have to be conducted in
camera. The Court opined that the decision to conduct in-camera proceedings should
be left to the Family Courts. Not drawing a hard and fast rule, the court further said
that reasons to conduct an in-camera proceeding can depend on case-to-case analysis.
In-camera proceedings are those proceedings held before a judge in private either in
Court or in his chamber, and the press or other parties not connected with the case are
not allowed to be present at the time of the hearing. In-camera proceedings are
generally held to protect the privacy of parties in a case involving sensitive issues
stated as above.
There is a fallacy in the hypothesis that an in-camera trial is inconsistent with the usage
of video conferencing techniques. A trial in-camera postulates the exclusion of the
public from the courtroom and allows for restraints on public reporting. Video
12 Transfer Petition (Civil) No.1278 Of 2016
25
6
1
0 5 10 15 20 25 30
Yes
No
NR
Number of responses
Res
po
nse
WHETHER IN-CAMERA TRIAL IS CONDUCTED
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 90
conferencing does not have to be recorded nor it is accessible to the press or to the
public. The proper adoption of video conferencing does not negate the postulates of
an in-camera trial even if such a trial is required by the court or by one of the parties
under Sec. 11.
Many a times there are cases involving issue relating to privacy or dignity of a party
since the family disputes are of intricate nature involving the private sphere of a family.
Therefore depending on nature of a case, in-camera trial may be a necessity than the
regular rule of an open court hearing whereby the parties seem to be more comfortable
to point out the problems and complexities relevant to the issue at hand. With this
approach, the research team tried to find out as to how many courts have such facility
and whether courts have conducted in-camera trial or not to speed up trial of cases of
such nature.
It could be seen from the Chart above, that 25 districts have conducted in-camera trial
and have the facility available which is significant but, there are still districts like
Chhatarpur, Datia, Gwalior, Indore, Jabalpur and Mandsaur who have not conducted
an in-camera trial due to lack of infrastructure or related facilities in a family case
Chart No. 32: Whether Family Court cases are regularly updated on the National
Judicial Data Grid:
(Chart No 32)
28
2
2
0 5 10 15 20 25 30
Yes
No
NR
Number of Responses
WHETHER CASES ARE REGULARY UPDATED ON THE NJDG
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 91
The NJDG is a part of the on-going e-Courts Integrated Mission Mode Project. It
works as a tool to identify, manage and reduce pendency of cases. It also helps to
provide timely inputs for making policy decisions to reduce delay and arrears in the
judicial system, facilitate better monitoring of court performance and systemic
bottlenecks, and facilitates better resource management. The NJDG covers all
categories of cases including those relating to Family Courts.
Therefore, a question was asked to all judges presiding over the Family Court whether
case data are regularly updated on NJDG. Except in the Family Court of Gwalior and
Indore all other responses indicate that cases are systematically updated on the NJDG.
Chart No. 33: Availability of video conferencing facility in Family Courts of Madhya
Pradesh:
(Chart No. 33)
The Indian judicial system has been very proactive in embracing the use of technology
with an integrated mission mode projects like e-courts and e-governance; the video
conferencing facility is one of the most advantageous outcome of this technological
age that has enabled audio and visual communication between two or more persons at
different locations. This facility in courts has the ability to reduce the workload of
investigators and judges providing a cost-effective solution for witnesses who are
required to travel down from another city to attend court proceedings. The fact of the
matter is that most court systems are already dealing with the burden of heavy backlogs
of cases and delays due to procedural lacunae or other reasons and Family Courts also
6, 19%
26, 81%
WHETHER VIDEO CONFERENCING FACILITY IS
AVAILABLE
Yes
No
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 92
face these challenges. Any means that can speed up the process is a boon to the entire
judicial setup.
Various landmark judgements of the Supreme Court have highlighted the importance
and need for speedy setup of the video conferencing facility in each court of the
country.
With regard to Family Courts of Madhya Pradesh, the courts are flooded with petitions
where the parties reside in different cities, different states or even different countries
and it is very difficult to have both the parties present. Specifically in family dispute
cases often having regard to the convenience of the wife, the transfer of case to another
jurisdiction is allowed. However, in the process the litigants have to travel to the court
and spend on litigation. This situation often causes great hardship to the litigants and
this process is one of the major causes of delay in matrimonial matters which are meant
to be dealt with expeditiously. As pointed out in the case of Krishna Veni Nigam v.
Harsh Nagam13, a large number of transfer petitions are being filed in Family Court
of Madhya Pradesh and similar is the situation with other districts also.
Therefore, video conferencing facility in each Family Court of MP will be a boon to
reduce the number of adjournments and will help to reduce the delay in matrimonial
disputes by speeding up the entire process.
With this brief background, the research team tried to find out the number of districts
in the state having video conferencing facility in their Family Courts. It could be seen
from the above Chart 33 that only 19% of the total districts which include Bhind,
Bhopal, Jabalpur, Rewa, Sagar, and Ujjain are equipped with video conference facility.
The remaining 26 districts (81%) do not have such facility available in their Family
Courts.
On the question whether any judge in any family dispute matter has used video
conferencing facility, it was found that none of the Family Court has till date used
video conferencing facility in any family dispute matter as gathered from the responses
received.
13 Transfer Petition (Civil), (2017) 4 SCC 150
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 93
Chart No. 34: How parties are informed about their case status:
(Chart No. 34)
To identify some of the procedural lacunas which may be a reason for delay in family
matters, the research team tried to find out how parties in a dispute or their advocates
are informed of their case status. Four means were pointed out through which the
parties or advocates could be informed, which include SMS, e-mail, service of notice
and summon in person and any other. 79% of the responses indicated that service of
notice/summons in person is the mechanism adopted by them. 21% responses
indicated the other means of informing parties through Case Information System.
It was pertinent to note that in an era of technology and judiciary moving towards court
set up the quicker and better options of communication like SMS or email are not at
all being used for the purpose.
Chart No. 35: Coordination center annexed to your court to track the service of
notice: Summons in most cases are not served timely due to shortage of manpower or
lack of training officials and more often due to the challenging task of dealing with
people who avoid service of process. To address existing bottlenecks and introduce
reforms in rules and procedures relating to process service, important legislative
changes have been introduced.
0% 0%
79%
21%
HOW ARE PARTIES/ADVOCATES INFORMED OF CASE STATUS
SMS
Sevice of Notice/ Summon inperson
Any other
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 94
(Chart No. 35)
Referring the case of Arjan Singh v. Hazara Singh14, it was held that court should not
proceed to hear a suit ex-parte, until it is proved to its satisfaction that summons has
been duly served strictly in the manner provided in the High Court Rules and orders.
The requirement of personal service has its roots in the fundamental rule of natural
justice which demands that proceeding effecting parties rights should not continue in
their absence without prior notice to them within reasonable time to present their case.
Those whose interests may be directly affected by an order are entitled under the law
to adequate opportunity to be heard.
The research team tried to find out whether a coordination center is annexed in court
to track the service of notice. It was observed from the responses that out of 32 Family
Courts around 28 districts do not have any mechanism to track the status of service of
notice/summon. It is important to note that only 3 districts including Datia, Rajgarh,
and Rewa are currently using such mechanism. From the above analysis, it is found
that service of notice/summons takes considerable time during the institution phase.
Therefore, it is imperative to speed up the process of summons by adopting other
means.
Therefore, it is submitted that electronic mode of service of notice should be
incorporated in the existing rules of Family Court to help judges to expeditiously
disposed of the matter.
14(1980)1 SCC 613
9%
88%
3%
COURT ANNEXED COORDINATION CENTER TO TRACK
SERVICE OF NOTICE
Yes
No
NR
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 95
Infrastructure in Family Courts of Madhya Pradesh
Table No. 19: The below infrastructure report is based on the responses provided by
Family Court judges of different districts of Madhya Pradesh:
Infrastructure Report
Not sufficient
space for
counseling &
Mediation
Chhatarpur Neemuch Rajgarh Sagar -
Sufficient
Infrastructure Bhind Gwalior Hoshangabad
Jabalpur,
Shahdol
Shivpuri,
Tikamgarh
No space for e-
filing, office and
storage
Neemuch Rajgarh Seoni - -
No Separate
building for
Family Court
Bhopal,
Betul
Burhanpur,
Chhindwara
Dhindori,
Katni
Neemuch,
Morena
Sidhi
Family Court
does not have
mediation or
counseling
center
Burhanpur Chhindwara Katni Rewa Sidhi
Seoni
Lack of video
conferencing
facility
Dewas Mandsaur Panna Sidhi Satna
Insufficient
infrastructure Chhindwara Mandsaur Ratlam Seoni -
No proper
chamber for
Principal Judge
Ratlam Sidhi - - -
No proper air
condition for
court room
Ashoknagar Guna Mandsaur - -
Lack of
administrative
setup
Bhopal Chhindwara Guna - -
Courtroom does
not have
sufficient space
Seoni - - - -
No waiting
room for
parties &
children
Chhindwara - - - -
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 96
No display
board & CCTV
camera
Mandsaur - - - -
No response Datia Indore - - -
(Table No. 19)
Part V: Adjournment
Chart No. 36: On an average number of adjournments required in a family dispute
matter: It is represented in the Chart below that out of 32 responses, 15 responses
indicated that on an average 5-7 adjournments are required in a family dispute matter.
Four responses highlighted more than 15 adjournments, while 1 response each
indicated that 7 to 10 or more adjournments are required and 12 judges mentioned that
approximately 2 to 5 adjournments are required in family matter. It is to be noted that
granting adjournment depends on complexity and need of individual case, and
therefore responses provided are indicative for drawing an analysis for the purpose of
study.
(Chart No. 36)
It important to note that Sec. 9 of the Act prescribes that Family Court must make an
effort for prior settlement by rendering assistance and persuading parties to resolve
their dispute in respect of the subject matter of the proceeding. If in any suit or
12
15
1
1
4
0 2 4 6 8 10 12 14 16
2-5 Adjournments
5-7 Adjournments
7-10 Adjournment
More than 10
More than 15
Number of responses
Ave
rage
nu
mb
er
of
adjo
urn
me
nts
ADJOURNMENTS IN FAMILY CASES
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 97
proceeding at any stage it appears to the Family Court that there is a reasonable
opportunity of settlement between the parties, it may adjourn the proceedings for such
period as it thinks fit to enable attempts to be made to effect such a settlement. But it
is worth remembering that the grant of adjournment should not become the regular
practice in family trial otherwise the whole purpose of Act will be vitiated.
The Malimath Committee suggested that adjournments should not be used as a tool
for delaying justice by courts. Today adjournments are granted on grounds which
clearly defeat the provisions of law and purpose of justice.
Part VI: Optimum Assistance from Bar
Chart No. 37: Whether the Family Court judges receive optimum assistance from the
bar:
(Chart No. 37)
Sec. 13 of the Act provides that parties must be present in person and legal
representation shall not be a matter of right to parties in matters of Family Court and
the court can only appoint a lawyer as amicus curiae. All 32 responses indicated that
almost every matter is represented by advocates in Family Courts and only in 1 to 2
cases in the Family Court of Bhopal are represented by parties themselves.
Since the role of advocates is so prominent in dispute brought before Family Courts,
the research team tried to find out whether optimum assistance is received from the
bar. 17 responses indicated that they receive optimum assistance from the bar, whereas
13 responses indicated negatively stating various reasons mentioned below. However,
17
13
2
0
2
4
6
8
10
12
14
16
18
Yes No No Response
OPTIMUM ASSISTANCE FROM THE BAR
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 98
during the field study it was observed that the level of assistance from the bar to Family
Courts is sub-optimum and one of the reason for delay in family matters is the
involvement of advocates in these matters.
Following challenges are faced by Family Court judges from bar as pointed out in their
responses:
lengthy pleadings and cross-examination;
advocates appear late which often leads to delay in evidence in a case;
many a times advocates misguide parties and put hurdles during trial due to
self-interest;
advocates create pressure tactics to take more adjournments. If not granted,
they try to send false complaint against the Presiding Judge of Family Court;
often counsels tend to ignore family disputes when they are simultaneously
engaged in other civil and criminal matters and give more priority to bail and
session’s matters; and
advocates along with parties are interested in obtaining interim maintenance
after which they try to delay the case.
Part VII: Additional Responsibility and Suggestions by Family Court Judges
Chart No. 38: Whether any administrative charge or additional responsibility have
been assigned to Principal Judges of Family Courts in different districts of Madhya
Pradesh:
(Chart No.38)
72%
28%
ADDITIONAL CHARGE OR ADMINISTRATIVE
RESPONSIBILITY
Yes
No
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 99
23 responses indicated that judges have been assigned additional responsibility along
with presiding as a Family Court judge. Judges of 9 districts mentioned that they are
not assigned any other additional or administrative charge.
Adequate Staff and Distribution of work in Family Courts
On the question of availability of adequate staff in Family Courts and even distribution
of work, it was gathered from responses that adequate staff is an essential requirement
for efficient functioning of any court. Well trained and sufficient staff can assist the
Principal Judge in better case and court management. Apart from staff resource,
management is also important so that each resource is utilized to its optimum.
24 judges mentioned that they have adequate number of staff in their Family Courts,
whereas 8 judges of the Family Courts of Ashoknagar, Burhanpur, Dhindori Guna,
Neemuch, Rajgarh, Sagar, and Ujjain mentioned that they do not have sufficient
number of staff. It is pertinent to note that districts which have mentioned that they
have adequate staff pointed out that even though the staff is adequate in numbers but
they are not trained and inefficient to meet the quality. It was also observed from the
responses that Family Courts do not have autonomy in selecting or designating their
staff since it is a prerogative of the District Court. Therefore, often staff is attached to
the District Court along with other courts. A concern was expressed relating to the
need for alternate staff in place of regular staff to avoid disturbing regular functioning
of court when regular staff is on leave. There are a few districts like Rajgarh and
Tikamgarh which stated that they have adequate number of staff and also the
distribution of work is proper.
Suggestions by Family Court Judges
To improve the efficiency of Family Courts and to address the reasons of delay, the
following for consideration are provided by family court judges through their
responses:
1. Separate mediation center for Family Courts are required,
2. Advocates should not be allowed to appear in courtroom (except for
examination, cross-examination of witnesses)/ strict restriction of advocate/
legal representatives should not be allowed to conduct trial in any stage. They
may draft the petitions/ applications /plaints etc. but should not be allowed in
the court working/proceedings,
3. A panel of advocates must be constituted by the District Judge in consultation
with the Principal Judge of Family Court to be permitted to appear in Family
Court matters,
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 100
4. Improve the strength of Family Courts. This will also resolve linking of two or
more courts,
5. Staff & Infrastructure: All facilities like DW, steno, and computers etc. should
be provided to all Family Courts. There should be direct appointment of staff
by State Government or High Court without interference of district
establishment,
In every Family Court, small chambers/rooms must be established for the
parties (husband & wife) to sit together and discuss issues between them for
stipulated time, which could help in settling the dispute beyond court,
6. One or more constable should be appointed in all police stations in service of
attachment, arrest warrant in maintenance and recovery cases or there should
be a separate police unit present only for court’s disposal at all times who could
be made answerable to the court,
7. To improve service of summons: Principal Judge should have powers to take
actions against the defaulter person/employee,
8. Delay to evade liability by husband: Principal Judge should be provided
powers for taking stringent actions against the defaulter at first instance by
attachment of property/salary/confinement to jail,
9. Set-up mechanism to compel parties for compliance of court orders,
10. Interim Maintenance: Provisions for interim maintenance should not be
liberal. Instead of granting interim maintenance, provisions for strict speedy
trial should be there,
11. Parties are not present in person which is necessary in family dispute matters.
Only lawyers are present in the court, and
12. Trained mediators and counselors must be appointed in each Family Court.
Suggestions received from Family Court judges on Procedural amendments to
reduce delay:
1. Presence of parties on every mentioned date be made mandatory,
2. Notice and summons be served by electronic media like email & WhatsApp,
3. Judges conducting settlement proceedings should be avoided and for that
preceding case be referred to counselors and mediators before registration in
the court,
4. A few sessions with a marriage counselor and a fitness certificate by a certified
psychologist be made as mandatory pre-requisite before commencement of
trial,
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 101
5. Principal Judge could take appropriate interest in settling the family dispute for
which they be spared of the unit system. Since every individual judge has their
own way of settling the dispute, freedom of conducting trial in one’s own way
in family matters be given to the Principal Judge of Family Court,
6. Filing be at the office of District Legal Services Authority (DLSA) along with
all the necessary documents and evidence,
7. There should be provisions for per-trial conciliation procedure at DLSA,
8. After failure of conciliation, DLSA may, along with all the documents, reply
of opponent and conciliation report, and refer the case to Family Court for
registration and further proceedings with directions to both the parties to
appear before the Family Court on a particular date,
9. Family Court should start proceedings from the stage of framing of issues,
10. Fixed period be granted to the parties for submitting their evidence on affidavit.
Copy of evidence statement should be provided three days prior to the date
fixed for cross examination,
11. Principal Judge should not be involved in conciliation proceedings. It should
be out of court. In case of probability of compromise during the trial, Principal
Judge may redirect or again refer the case to DLSA for reconciliation,
12. Evidence be taken in the form of affidavit and opposite party be not allowed to
cross-examine the other,
13. Sec 498 A of the Indian Penal Code causes hurdle during counselling process.
It should be made compoundable,
14. It is seen that in almost every family matter, each party seeks the help of
advocate and why it should not be so when the future of family and its member
is at high stake in these matters. However, law prescribes that without the
permission of court, a lawyer cannot represent the party in family matter. It is
definitely a cumbersome procedure as it causes hardship to the party and results
in delay of the case. This provision also makes the presence of party
compulsory for filing the petition or for registering appearance after receipt of
notice while any other civil or quasi civil nature petition can be filed through
an advocate authorized by the party. On many occasions, it is difficult to ensure
the presence of party and this eventually results in delayed institution, and
15. It is mandatory in law that parties should be asked to reconcile their disputes
but they most often avoid this process by willfully remaining absent and it
takes many adjournments to conclude the proceedings of reconciliation. There
must be compulsive measures provided in law itself to ensure their presence
for reconciliatory process and speedy conclusion.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 102
CHAPTER-FOUR
OBSERVATIONS DURING FIELD STUDY
During the course of research, the team undertook field visit to Family Courts of
Bhopal, Gwalior, Indore and Katni. Since the nature of working in almost all Family
Courts in the state of Madhya Pradesh is similar. Due to limitation of time and
resources the research team identified these four districts with high number of cases
being instituted each year as compared to other districts. These Family Courts have
wide range of litigation pertaining to family matters and have substantial number of
pending cases out of the total pendency in Family Courts of Madhya Pradesh
The field visit included an overall study of the functioning of respective Family Courts
which was done through following measures:
1. observation of court proceedings in each of the four Family Courts;
2. informal interview with Principal Judge of each Family Court along with
Additional Family Court Judges wherever available;
3. study of case files including cases pending for long;
4. interview with the mediator and counsellors and observation of counselling
and mediation session; and,
5. inspection of the infrastructure.
1. Court Proceedings in four Family Courts
During court proceedings, the research team observed filing of case, arguments
between parties, dispensation of evidence and proceedings in Family Courts at
various stages to identify differences in functioning of Family Courts than
regular civil or criminal courts. However, it was observed in all four districts
that Family Courts have similar complex procedures as followed in other civil
and criminal courts.
The research team tried to understand the pattern of cases coming before
Family Court and identified the involvement of parties and their advocates
during trial and how presiding judge with innovative methods of dispute
resolution try to resolve a family dispute. It was gathered that advocates
represent almost every case filed in a Family Court and there are hardly any
case self-represented by parties. There is non-appearance of parties in person
as against the provision of the Act and leading to normal practice by advocates
and parties in seeking regular adjournments.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 103
Many cases are those where the parties reside in different cities and therefore
are unable to appear in person on a particular date. Due to lack of video
conferencing facility, the Principal Judge is not able to follow firm timelines
and carry on continuous trial in such cases.
A courtroom meant for resolving and providing justice in complex family
matters operates in zero privacy. Just next to the bench of presiding judge the
reader and Johari functions where advocates are crowding to file their case and
to find out dates for next hearing, and penalties etc. While parties are present
in person and deposing statement, the entire crowd of advocates and other
parties present in the courtroom create non-conducive environment for parties
to openly discuss issues with the presiding judge. It was observed that
specifically women were not comfortable to openly put their case before a
judge due to intricate nature of issues involved in these cases.
2. Interview with Principal Judges and Additional Family Court Judges
The research team inquired from Principal Judges of these Family Courts on following
aspects including, reasons for delay in resolving family matters, involvement and
assistance received from advocates, type of cases which are filed, the extent to which
mediation and counselling is effective and willingness of parties to adhere,
improvements in existing infrastructure and their opinion on improving Family Courts.
On these points, following information and suggestion were provided by Principal
Judges of these Family Courts:
1. Lack of awareness among parties about Family Courts, procedure to be
followed, mediations and counselling services available etc.
2. Parties are willing to resolve their disputes by resorting to mediation
techniques and most of the cases could be resolved through mediation and
counselling services. However, there are very few trained mediators and
counsellors attached with these Family Courts as compared to the number of
cases filed.
3. Service of summons is another area where a lot of time is consumed and the
judges face challenges with agency involved in service of summons as pointed
out by Principal Judges. One of the principal Judge mentioned that if there is
delay in service of summons then immediate notice be issued to the concerned
authority.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 104
4. It was suggested that Family Court cases under Sec. 13B of the Hindu Marriage
Act must be sent for counselling.
5. The courtroom happens to start from 12:00 noon or 12:30 PM. Before this time
advocates are not present in Family Courts and they are occupied in other civil
or criminal cases in District or Session’s Court.
6. The Principal Judge of Gwalior Family Court suggested that life span of a
complex family case should be approximately one and half to two years,
whereas non-complex case from seven months to one year after the service of
summons.
7. Imposing fines for delaying evidence has been effective in Gwalior Family
Court.
It is pertinent to highlight that in the Bhopal Family Court, regular awareness camps
are organized and there is a pre-litigation cell for parties to resolve matter through
alternative means before coming to court as pointed out. Similar camps may be
organized by other district Family Courts.
3. Study of Case Files
The research team undertook a study of case files including cases pending for two
years or above wherever the case files were made available. Since the study was
conducted on working days of Family Courts the team inspected case files only where
they were easily available without disturbing the functioning of the court or the
available staff. On an analysis of case files, it was observed that regular adjournments,
non-appearance of parties, service of summons and stay by High Court are common
causes of delayed proceedings in family matter.
The cases studied to find out reasons for delay are collated and represented in below
tables. The name and number of these cases have been removed in order to maintain
the confidentiality of records.
Study of case files
Case 1
Case No. MCR. No --
Section Involved Sec. 125, CrPC
Date of Institution 15.01.2018
Date of Admission 02.2018
Written Statement by Opp. Party Filed within 8 Months
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 105
Interim Maintenance Application
disposed on
10.07.2018 (took 6 months)
Evidence started 31.10.2018
Status Pending till today at the stage of evidence
Reason for delay - Applicant delayed production of
evidence
- Continuous adjournments which were
stopped later
Case 2
Case No. RCS --
Section Involved Sec. 9, Hindi Marriage Act
Represented by Advocate
Date of Institution 24.11.2010
Date of hearing 17.01.2011
Stayed by High Court 26.04.2011
Transfer Petition Stayed (Case transferred from Bhopal to
Jabalpur)
Status Pending in High Court
Reason for delay Case for divorce was filed and then it was
stayed by High Court and since then it is
pending.
Case 3
Case No. RCS ---
Section Involved Sec. 9, Hindi Marriage Act
Date of Institution 8.10.2012
Stayed by High Court 24.01.2013
Status Pending
Reason for delay - Parties stopped appearing, several
notices were sent.
- Stay continuing till date
Case 4
Case No. RCS ---
Party Filing the case Husband
Section Involved Sec. 13A (Dissolution of Marriage), Hindi
Marriage Act
Date of Institution 27.02.2009
Opposite Party Appeared on 14.05.2009 (Appeared self)
Interim Maintenance Application Allowed by Family Court
Proceedings stayed by HC 29.02.2012
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 106
Status Pending
Reason for delay - Stay by High Court
- Multiple Adjournments
- Non-appearance of parties (for 5-6
years)
- Transfer Petition from Bhopal Family
Court to Chattarpur
Case 5
Case No. MCR C.NO.--
Section Involved Sec 125, CrPC
Date of Institution 20.07.2015
Appearance of Opposite Party 29.10.2015
Interim Maintenance Application filed 13.05.2016
Non Appearance of Opp. Party 19.08.2016
Matter thereafter continued Ex Parte
Application to set aside Ex-Parte hearing
(Filed by Opp. Party)
24.04.2017
Application to set aside Ex Parte hearing Rejected on 1.05.2017
Thereafter, Opposite Party moved to High
Court to set aside the order passed by
Family Court Judges
Petition Allowed by High Court 13.03.2019
Status Pending at the stage of evidence
Last Hearing: 24.06.2019
Reason for delay Non-appearance of opposite party
Case 6
Case No. MCR No. --
Section Involved Sec. 125, CrPC
Date of Institution 18.05.2015
Written Statement by Opp. Party 6.01.2017
Evidence started 20.07.2018
Status Pending
Reason for delay Service of summon
Case was adjourned on more than 10
dates consecutively after the evidence
started
Reasons for delay - Adjournment due to compromise
between parties
- New parameters filed to which the
opposite party wanted to file reply
- Applications to adjourn were made by
parties
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 107
Case 7
Case No. MCR No. --
Section Involved Sec. 125, CrPC
Date of Institution 20.03.2018
Appearance of opposite party 16.05.2018
Interim Maintenance Application
allowed
13.07.2018
Evidence started 13.10.2018
Status Pending
Evidence not concluded till date
Reason for delay Adjournment: Adjourned on 5 dates
Case 8
Case No. RCS --
Section Involved Sec. 13 & 14, Hindu Marriage Act
Filing Party Filed by husband
Date of Institution 15.06.2015
Appearance of Opposite Party 24.12.2015
Written Statement filed by Opposite
Party
13.03.2017
Status Pending
Reason for delay - Service of Summon
- Stay by High Court
Case 10
Section Involved Sec. 9, Hindi Marriage Act
Date of Institution 19/08/2011
Appearance of Opposite Party 28/09/2011 (sent for counselling)
Case sent to Court 21/10/2011
Written Statement filed on 01/11/2011
Number of Adjournments taken Adjourned on 24/11/2011, 17/2/2012 and
subsequently more than 10 times
Evidence start date -
Evidence Conclude date -
Status Pending
Reason for delay - Absence of Presiding Judge
- Seat Vacant
- Non-appearance of parties
Case 11
Section Involved Sec. 13, Hindi Marriage Act
Date of Institution 08/05/2014
Appearance of Opposite Party 20/06/2014
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 108
Written Statement filed on 19/06/2015
Evidence start date 26/02/2016
Evidence Conclude date Ongoing
Status Pending
Reason for delay Multiple Adjournments since 2016 till 2019
- Non-appearance of opposite Party
- New document presented
- Party seeking adjournment
Case 12
Party Filing the case Wife
Section Involved Sec. 125, CrPC
Date of Institution 19/05/2014
Appearance of Opposite Party 18/07/2014
Interim Maintenance Application filed date 19/05/2014
Interim Maintenance Application grant
date
20/03/2015
Number of Adjournments taken More than 10
Evidence start date 27/09/17
Cross Examination 10/12/2018
Status Pending at the stage of cross-
examination
Reasons for delay Adjournment due to scope for Mutual
Agreement and conciliation proceedings
Case 13
Party Filing the case Wife
Section Involved Sec. 125, CrPC
Date of Institution 01/07/2016
Appearance of Opposite Party 26/08/2016
Interim Maintenance Application filed
date
01/07/2016
Interim Maintenance Application grant
date
15/03/2018
Number of Adjournments taken by More than 10
Evidence start date 08/05/2019
Status Pending at the stage of cross-examination
Reasons for delay Mutual agreement between parties
Case 14
Party Filing the case Wife
Section Involved Sec. 13 (a), Hindi Marriage Act
Date of Institution 10/01/2017
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 109
Appearance of Opposite Party 03/11/2017
Number of Adjournments taken by More than 10
Evidence start date 17/01/2019
Evidence Conclude date Ongoing
Status Pending at the stage of cross-examination
Reasons for delay Service of Summons ( Tried four times)
Case 15
Party Filing the case Wife
Section Involved Sec. 9 and 13, Hindi Marriage Act
Date of Institution 05/01/2016
Appearance of Opposite Party 16/03/2016
Evidence start date Not started
Status Pending
Reasons for delay No specific reason for delay
Case 16
Party Filing the case Husband
Section Involved Sec. 13 (a), Hindu Marriage Act
Date of Institution 06/08/2014
Appearance of Opposite Party 07/10/2014
Evidence start date 23/08/2018
Status Cross-examination
Reasons for delay Pending at the stage of cross-examination
Case 17
Party Filing the case Husband
Section Involved Sec. 9, Hindu Marriage Act
Date of Institution 07/03/2014
Appearance of Opposite Party 17/06/2014
Evidence start date 06/08/2019
Status Pending at cross-examination
Reasons for delay Case was sent for Counselling
Time taken for reply
Case 18
Party Filing the case Husband
Section Involved Sec. 13 (a), Hindu Marriage Act
Date of Institution 06/03/2014
Appearance of Opposite Party 09/04/2018
Evidence start date Not started
Status Pending
Reasons for delay Service of Summons
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 110
Case 19
Party Filing the case Husband
Section Involved Sec. 13 (a) of HMA
Date of Institution 14/07/2014
Appearance of Opp. Party 04/09/2014
Interim Maintenance Application grant
date
12/04/2018
Evidence start date 07/05/2019
Status Pending at the stage of cross-examination
Reasons for delay No specific reason for delay
Case 20
Party Filing the case Wife
Section Involved Sec. 13 and 14, Hindu Marriage Act
Date of Institution 10/03/2014
Appearance of Opposite Party Non-appearance till 24/04/2019
Notice to Opposite Party 03/08/2017
Written Statement filed on -
Evidence start date -
Evidence Conclude date -
Status Pending
Reason for delay - Service of Summons (not received)
- Non-appearance of opposite party
4. Interview with the mediators and counsellors and observation of counselling
and mediation sessions
The research team conducted informal interview with mediators and counsellors in
respective Family Courts. The team further observed mediation and counselling
sessions during the visit. It was observed that mediation and counselling sessions are
functioning with bare minimum infrastructure, where both mediators and counsellors
sit together in least available spaces and try to bring parties to a settlement. Further, it
was noticed that one party was being counseled and the other party was undergoing
mediation right adjacent in the same room/place. Neither could they put forth their
issues, nor could they openly discuss their problems among themselves or with
mediator/counsellor.
Nevertheless, mediation and counselling appears to be very effective in family matters.
If there is a separate chamber/room for mediation and for counselling, the outcome of
these measures will be far more effective than what it is at present. However, it is
pertinent to point out that in the Family Court of Bhopal the Principal Judge has made
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 111
separate rooms for conducting mediation and counselling sessions with trained
counsellor and mediator in service for family matters.
In the Family Court of Indore, the space available for mediation and counselling was
inadequate but, still judges presiding over these Family Courts encouraged parties to
undergo these measures and subsequently parties were willing to resolve their matter
through alternate means.
The Family Court of Gwalior had similar situation with regard to infrastructure for
Alternative Dispute Resolution, however the mediation and counselling sessions were
effective since the Principal Judge and additional judges took efforts to suggest parties
to resolve their dispute amicably.
In the Family Court of Katni, there is no annexed mediation center.
The mediators and counsellors provided following information:
- Lack of sufficient space to conduct these sessions.
- Bare minimum allowance or remuneration provided to counsellor and
mediator. In one of the Family Court, it was pointed that the remuneration was
approx. 300 INR per sitting for counsellor and for successful mediation – 3000
INR per case, whereas failed mediation 1000 INR per case.
- In some districts, there is high case load and large number of cases put up for
mediation and counselling whereas in other districts there are barely any case.
- There is no place for children while the parties are engaged in counselling and
or mediation sessions.
5. Inspection of Infrastructure
During the field study, none of the judges mentioned any specific requirement
pertaining to infrastructure, but the research team observed that Family Courts of
Madhya Pradesh are in dire need of infrastructure improvements. In an era where we
talk of e-courts and paperless courts, these courts are far behind with no proper
courtrooms, and with bare minimum staff and facilities, flooded with advocates and
their parties. These courts lack server rooms, video conferencing facility, and space
for maintaining records etc.
In Bhopal and Katni, the Family Courts are functioning within the District Court
building and there is no separate infrastructure for Family Court. In the District of
Indore and Gwalior, the Family Courts are functioning in separate complex in old and
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 112
dilapidated buildings. Specifically in Indore, there are three courtrooms but out of
these three, one courtroom of Additional Judges has bare space for parties and
advocate to stand inside. Except in the Family Court of Bhopal, there was no separate
filing area in other Family Courts visited and it was done in the courtroom of the
presiding judge. In Gwalior Family Court, the complex has sufficient space; however,
there is a need to renovate the available infrastructure. Video conferencing equipments
are available but not installed due to lack of space and insufficient infrastructure.
None of these courts have proper waiting area for parties and children. These courts
face issues pertaining to sanction of funds and do not have financial autonomy to carry
on infrastructural improvements within their scope.
To summarize the observation of field study, it is not the judge who is inefficient or
lacks the capacity rather it is due to institutional gaps that they are not able to function
to their optimum. They operate very effectively with limited infrastructure, staff and
other resources. Parties feel uncomfortable to speak or give evidence in a court full of
advocates and other parties in distress, however the presiding judge still manage to
adduce evidence in such non-conducive environment to hear family matters. The
presiding judges of the Family Courts of the districts visited functions to the best of
their abilities.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 113
CHAPTER FIVE
A STUDY OF FAMILY COURT IN DIFFERENT JURISDICTIONS
The purpose of comparative study is to identify similarities in Family Courts operating
in different jurisdictions in order to highlight best practices which could be effectively
implemented for better dispensation of justice considering the complex nature of
family disputes. Since the purpose of Family Courts in all jurisdictions is identical
and oriented towards welfare of child and support to family in distress through ADR
techniques, a detailed analysis of procedure and practice adopted in different
jurisdiction is prerequisite before suggesting or adopting any practice within the
Family Courts in India. The research team identified the Family Courts of Australia,
New Zealand, Singapore, United Kingdom, and United States for the purpose of
comparative study.
1. Singapore
The Family Justice Courts were established pursuant to the Family Justice Act, passed
by the Parliament in Singapore on 4 August 2014. The Family Justice Act was enacted
based on the recommendations of the Committee for Family Justice formed in 2013 to
review how Singapore’s family justice system may be reformed to address the needs
of youth and families in distress.15 Family Justice Courts brings together all family-
related work under a specialized body of courts. In addition, the Family Justice Courts
provide assistance in all family specific services, enhance processes and identify
relevant training programmes to develop family-specific skills in judges, lawyers and
other family practitioners.
The Family Justice Courts is the collective name for a body of courts which comprise
the Family Division of the High Court, the Family Courts and the Youth Courts. These
Courts are administered by the Presiding Judge of the Family Justice Courts.16 The
Family Justice Courts hear the full suite of family-related cases including divorce,
family violence, adoption and guardianship and youth court cases.
15 Family Courts Justice Singapore, familyjusticecourts.gov.sg/who-we-are/overview (Accessed on:
09/09/2019) 16 J Eekelaar & M.Mclean, Family Justice: The Work of Family Judges in Uncertain Times (Oxford:
Hart Publishing 2013), 8.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 114
(Table No. 20)
Statistics pertaining to the application filed under different category from 2015-2018:
Number of cases handled by the Family Justice Courts Singapore17
Year Maintenance Family Violence Divorce Writs Adoption
2018 4,712 2,699 5,974 429
2017 4,976 2,935 6,093 414
2016 5,395 2,811 6,303 404
2015 5,607 2,885 5,921 332
Total 20,690 11,330 24,291 1,579
(Table No. 21)
17 Family Justice Courts, https://www.familyjusticecourts.gov.sg/who-we-are/statistics (Accessed on:
11/09/2019 [Statistics are accurate as of January 2019]
Area References to legislation Acting
in
Person
Time Taken
Adoption
Adoption of Children Act
(Cap 4)
Family Justice Act (Act 27
of 2014)
Family Justice Rules (2014)
Family Justice Courts
Practice Directions
Yes
The majority of adoption applications does
not take more than six months to complete.
However, for a few cases, the duration
may be longer depending on the
completeness of the documents submitted,
the complexity of the case and whether
there is anyone objecting to the
application.
Divorce
Women's Charter
Family Justice Act
Family Justice Rules
Family Justice Courts
Practice Directions
Yes
If divorce is uncontested, proceedings
may take at least 4 months to conclude.
If divorce is contested, proceedings may
take at least 18 months to conclude.
Maintenance
Women's Charter (Cap. 353)
Maintenance Orders
(Reciprocal
Enforcement) Act (Cap.
169)
Administration of Muslim
Law Act (Cap. 3)
Yes
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 115
In Family Court of Singapore there is proper timeline for each of the steps followed
by judges presiding over the court. This type of demarcation facilitates timely disposal
of cases through the Family Justice Courts.18 These Courts target compliance with the
timelines in at least 80% of the cases, as prescribed in the Courts Charter below.
Type of Proceedings
Timeline
Service of Summon of Family Violence Case (with
Expedited Order)
Within 1 day of filing date
Service of Summon of Family Violence Case (without
Expedited Order)
Within 3 days of filing date
First Mediation/Mention (whichever is earlier) of Family
Maintenance Cases
Within 3 weeks of filing date
First Hearing of Family Violence Case Within 4 weeks of last mention
First Hearing of Maintenance Case Within 4 weeks of last mention
First Hearing of Uncontested Divorce Case Within 4 weeks of date of set down
Delivery of Judgment Within 4 weeks of conclusion of
hearing or tendering of written
submissions after the hearing,
whichever is later
(Table No. 22)
(A) Learnings from Singapore
The Family Justice Courts has been constituted to help parties resolve family disputes,
as far as possible, in a less acrimonious way through the use of counselling and
mediation provided by judges, staff family mediators, court family specialists and
volunteer specialists at the Family Dispute Resolution division of the Family Justice
Courts. All cases coming before the courts are managed pro-actively by judges from
the start and where necessary, the Courts can direct to parties undergo counselling and
mediation to try and reach amicable resolution of their disputes instead of proceeding
with adjudication.19 There is mandatory counselling and mediation for cases in which
parties have at least one child below 21 years of age.
18 Family Court Justice, familyjusticeecourts.gov.sg (last Accessed: 09/09/2019) 19 WK Leong, Elements of Family Law in Singapore (LexisNexis, 2007), 892. Prior to that, there were
calls for a unified family court to be established. See S Lim, KS Ong and C Mohan, “Setting up a
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 116
Parties who have disagreements on parenting arrangements as well as other family
related issues, will have to attend a FDR conference with their lawyers, if any. A judge
and a court family specialist will meet with all parties. The judge and court family
specialist will clarify the issues and set the agenda for mediation and counselling, as
well as narrow any differences that both parties may have. The Judge will then fix a
mediation or co-mediation session. At the end of the FDR conference, the parties will
meet with the Court Family Specialist for counselling.20
(i) Confidentiality
All information and matters discussed during the FDR conferences, counselling,
mediation or co-mediation are confidential. Should a case go for a hearing, anything
said or any document provided in confidence during these sessions cannot be used as
evidence. A different Judge will hear the case.21
(ii) Length of session(s)
The length of the session(s) will vary depending on the requirements of the case. The
majority of cases would be completed in three (3) sessions or less. Single or limited
issues might take less time. Exceptionally complex or sensitive cases might take longer
and will be specially managed.22
The number of sessions depends on several factors:
readiness of the parties and their lawyers
commitment to the process
level of conflict and trust between the parties
complexity of issues and the status of legal proceedings
need for empowerment of the parties in order to establish a more level playing
field
Unified Family Court in Singapore”, 1985 6 Singapore Law Review 22, and S. Quah “The Family Court:
A Sociologist’s Perspective on Enlightened Collaboration between Law and Social Sciences”, 1993
Singapore Journal of Legal Studies 16. 20Family Courts Justice Singapore, https://www.familyjusticecourts.gov.sg/what-we-do/mediation-
counselling/mediation, (Accessed on: 09/09/2019) 21 Ibib. 22 Id.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 117
2. Australia
The Family Courts of Australia (FCoA) commenced operations on 5 January 1976. It
consists of a Chief Justice, a Deputy Chief Justice and other judges. The Family Court
is a superior court of record established by the Australian Parliament in 1975 under
Chapter 3 of its Constitution to assist Australians to deal with complex legal family
disputes domestically and internationally in accordance with rule of law and
procedural fairness. These may include23:
Parenting cases – Cases involving a child welfare agency and/or allegations of sexual
abuse or serious physical abuse of a child (Magellan cases), family violence and/or
mental health issues with other complexities, multiple parties, complex cases where
orders sought having the effect of preventing a parent from communicating with or
spending time with a child, multiple expert witnesses, complex questions of law and/or
special jurisdictional issues, international child abduction under the Hague
Convention, special medical procedures and international relocation.
Financial cases – Cases involving multiple parties, valuation of complex interests in
trusts or corporate structures, including minority interests, multiple expert witnesses,
complex questions of law and/or jurisdictional issues (including accrued jurisdiction)
or complex issues concerning superannuation (such as complex valuations of defined
benefit superannuation schemes).
The FCoA exercises appellate and trial level jurisdiction. At trial level, the Court deals
with the most complex parenting and financial cases. It has a substantial appellate
jurisdiction and hears appeals from decisions of single judges of the Court and from
the Federal Circuit Court in family law matters.
(A) Strategic Objectives of Family Court
The Court’s goal is to deliver excellence in service for children, families and parties
through effective judicial and non-judicial processes and high-quality and timely
judgments while respecting the needs of separating families.
23 Available at: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/about/ , (Accessed on
25/08/2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 118
Being Australia’s superior court in family law, the purpose of the court is to24:
determine cases with the most complex law, facts and parties,
cover specialized areas in family law, and
provide national coverage as the appellate court in Family Law matters.
It is important to note that there are some core values of Family Courts of Australia
which include innovativeness, impartiality, respectfulness, efficiency and
accountability.
Family law is factually and legally complex, emotionally-charged and produces life-
altering consequences for families and children. It is the area of law by which most
people will come into contact with the justice system25. In the Australian Family
Courts, one of the most admired features is the fact that only those who “by reason of
training, experience and personality”26 are suited to deal with family law cases are
appointed as its judges. Judges working in this area not only require specialist technical
knowledge, legal reasoning, fact finding and analytical skills, they also require highly
effective communication and inter-personal skills and experience in social dynamics.
Judges perform this important work in a difficult, high-pressure environment that
carries the risk of physical danger to themselves and their families, as well as the
gravity of knowing that their decisions, especially regarding children, could in some
instances provoke extreme responses resulting in violence to a child or a party, or in
some tragic cases death.27
The Court deals with the most complex and difficult family law cases. Table below
shows a summary of original jurisdiction caseload during 2016–201728:
24 Family Court of Australia, Annual Report 2017-2018, Available at: www.familycourt.gov.au/
annual-report 25 Justice Abella, ‘The Challenge of Change’, (1998) Speech to the 8th National Family Law
Conference, Hobart Tasmania, 25 October 1998, 2-3. 26 Family Law Act 1975 (Cth) Section 22(2)(b) (Australia) 27 “A Matter of Public Importance: Time for a Family Court of Australia”, Discussion paper, July
2018, https://www.nswbar.asn.au/docs/mediareleasedocs/Family_Court_MR2.pdf, (Accessed on:
10/10/2019) 28 Family Court of Australia, Annual Report 2016:2017, Available at: http://www.familycourt.gov.au/
wps/wcm/connect/7456589e-fc98-409b-8d1c-7b909bd30dcf/2743Family_Court_of_Australia_
AnnualReport_2016_17_WEB.pdf?MOD=AJPERES&CVID= (Accessed on: 12/10/2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 119
Application/case type Filed Finalized Pending
Final order applications 2748 2742 3180
Application in a case (interim) 3469 3265 1679
Consent orders applications 14,182 13,919 1271
Other applications 342 321 213
Total 20,741 20,247 6343
(Table No. 23)
Statistics pertaining to applications filed and finalized, judgment delivered in
Australia’s Family Court during the year 2017-201829 is enumerated below in the
table:
Applications/ Case Type Statistics
Total applications filed 20,436
Financial cases 50% of applications pertaining to financial cases
Applications finalized 93% of cases finalized within 12 months
Consent orders 13,962
Judgements delivered 75% (within 3 months)
(Table No. 24)
(B) Measurable Goals
The Family Courts of Australia maintains three goals to ensure timely completion of
cases. Strategies and priorities are designed to support the achievement of these
performance goals. In Australia, Annual Performance Statement reports on the success
of the plan to achieve timely completion of cases. This will be measured by the
following:
(1) clearance rate of 100 %
(2) 75% of judgments to be delivered within three months, and
(3) 75% of cases pending conclusion to be less than 12 months old.
29 Supra note 10.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 120
There is an appeal division in the Family Court of Australia. This division deals with
appeals from decisions of both Federal and State courts. The members from the appeal
division, along with support of the trial division, hear appeals throughout the year
specifically arising out of family law matters. To facilitate access to litigants in
regional cities and throughout Australia, some appeals are conducted by video link and
other electronic means. The court is committed to government’s digital continuity
policy and is increasingly using electronic documents. As per the practice Direction 1
of 2017, the transcripts are required to be filed in electronic form.
For an appeal to succeed party must convince the Full Court that the Family Court trial
judge or Federal Circuit Court judge made an error. A Notice of Appeal must be filed
in the Regional Appeal Registry within 28 days of an order made by a Family Court
judge or Federal Circuit Court judge. The appellant must pay a filing fee. Appeals are
listed for hearing before the Full Court (three judges of the Family Court). The Chief
Justice may however, direct that an appeal from a Federal Circuit Court judge be heard
by a single judge.
In Australia, particularly in family law matters appeal does not stop the order which
means filing a Notice of Appeal does not automatically affect the orders made by the
judicial officer (except where the order is a divorce order). This means that both parties
must obey the orders, even if appeal is filed. To stop the operation of the orders until
appeal is decided, party must file an application in a case to stay the orders and an
affidavit.
(C) Learnings from Australia
1. Highly specialized judges in the dynamics of family law deal with many of the
most problematic and challenging cases.
2. Continuously evolving family law system and courts to meet the challenges of
social change.
3. Extensive use of Information Technology to bring positive results: There is a
social media platform of the court under which it operates twitter and
YouTube.
- The Family Courts of Australia twitter account provides followers with
timely, relevant and easy to access information about court and family law
issues.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 121
- The Family Courts of Australia, YouTube channel is operating since
October 2013 with over 11 video available to help litigants prepare for and
understand court process. Videos include – Mediation – What to expect;
How to apply for Divorce: Serving Divorce papers; and Court tour.
4. Electronic signing and sealing of orders for first instance matters: The courts
have changed the way orders are accessed and move to completely digitalize
court orders. These changes provide for faster and more secure delivery of
court orders, instant access to complete court files and court orders anytime
online, no cost to get copies of sealed orders.
5. Funding provided to the Family Court to undertake an initiative that provides
an opportunity for parties to resolve their legal proceedings or narrow issues
while awaiting a final hearing. The result of the project was 48 % matters
included in the project were resolved and a further 33 % were partially resolved
or otherwise progressed.
6. The court sets achievable targets regularly and revise them as required for
timely completion of cases.
7. Due to the nature of cases filed in the Family Courts it is difficult to set a
blanket timeline target for disposing cases because there are numerous
variables affecting the parties involved in each case having impact on its
progress towards decision. Therefore, the court categorizes 25 % cases as most
complex cases and aims to finalize the remaining 75 % cases.
8. Judicial service complaints and feedback and complaints management:
Complaints relating to judicial conduct and complaints relating to registrars of
the court.
9. Court User Satisfaction Survey30: The Family Court of Australia and the
Federal Circuit Court conducted a Court User Satisfaction Survey (2015),
which included extensive internal assessments on all aspects of court and
judicial administration. The courts sought the views of court users and are open
to feedback, and at times criticism, with respect to services from public which
have made the courts innovative, responsive and willing to embrace change.
30 Court User Satisfaction Survey, 2015, by the Family Court of Australia and Federal Circuit Court.
Available at: http://www.courtexcellence.com/media/Microsites/Files/ICCE/UserSatisfactionSurvey
(Accessed on: 12.10.2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 122
The survey showed that majority of the court staff are knowledgeable, respectful and
helpful and the litigants are treated fairly and equally in court.
Australia has adopted a revolutionary concept in Family Courts, where families have
access not just to the in-court process, but also to a range of additional court annexed
services such as counselling, education and mediation, and Family Court case
managers or facilitators to provide one stop forum for helping families work through
their problems effectively.31
Lastly, Australia started their Family Relationship Centers in 2004, which are publicly
funded, but privately operated community centers across Australia offering range of
services depending upon location and need. Free mediation for limited hours is one of
the fundamental service which Family Relationship Centers provides for families who
are struggling with issues. These Family Relationship Centers have led to decreased
court filings and interactions in court.
3. New Zealand
The Family Court was established in New Zealand on 1 October 1981 in accordance
with the Family Courts Act 1980. It was established in response to recommendations
made by the 1978 Royal Commission on the Courts. The Royal Commission
recommended the implementation of a Family Court system and stated that the
primary objective of the Family Court was to provide a suitable forum for the
resolution of family disputes:
The Family Court concept demands that the Family Court should be essentially a
conciliation service with court appearances as a last resort, rather than a court with
a conciliation service. The emphasis is thus placed on mediation rather than
adjudication. In this way, the disputing parties are encouraged to play a large part in
resolving their differences under the guidance of trained staff rather than resorting to
the wounding experience of litigation, unless such a course is inevitable.32
The Family Court has a very broad jurisdiction covering exclusively statutory law.
The original idea for the Family Court envisaged a conciliation service that would
provide a preliminary opportunity for resolution of a dispute before it entered the court
system proper. At the same time as the establishment of the Family Court, new
legislation in relation to divorce was also introduced. All matters coming to the Family
31 Barbara A. “Babb, Reevaluating Where we Stand: A Comprehensive Survey of America’s Family
Justice Systems”, 46 Family Court Review 213 (2008). 32 Report of the Royal Commission on the Courts, para 484.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 123
Court under the Family Proceedings Act 1980 and the Guardianship Act 1968 were to
be governed by the procedures set out in the Family Proceedings Act and the Family
Proceedings Rules. These provided for counselling and the judge-led mediation
conference.33
Parenting disputes are the main source of litigation in the New Zealand Family Courts.
Although 95% of 13,000 cases filed annually are resolved in the “conciliatory arm” of
the Court, the remaining 5% require judicial determination.34 The Family Court is a
central part of the justice system, and it is vital that reform of the court delivers an
effective, accessible and appropriately resourced forum for the resolution of family
disputes.
In most of the cases, out-of-court processes are adopted, parenting and counselling
through Separation programmes is compulsory before approaching the family court.
During the pre-trial phase, Family Dispute Resolution mediators and family lawyers
provide legal advice to the disputed couple. It is mandatory that applicant must
produce a certificate stating that the parties have attended Family Dispute Resolution
or show that it is unsuitable in the present case. The availability of alternatives to
litigation is a vital component of effective and efficient dispute resolution. The benefits
to the parties, their children and the Family Court are self-evident.35
A significant proportion of disputes over care and guardianship issues have always
been amenable to resolution without the need for court proceedings. Effective out-of-
court processes need to be easily accessible and available in a timely way to promote
the ability of parties to resolve their disputes early, minimising the extent to which
children are caught in conflict, and reducing the risk of issues becoming entrenched.36
This was the philosophy behind the establishment of the Family Court in 1981, a
philosophy that remains sound today.37
It is important to note at the outset that not all issues raised in parenting disputes are
capable of resolution through mediation and other pre-court processes. Access to the
33 KJ Keith, “New Zealand Family Law and International Law – A Comment with Some Questions,”
(2016) 47 Victoria University of Wellington Law Review 34 Ibid 35 Id. 36 New Zealand Law Society, Family Justice Reforms, https://www.justice.govt.nz/assets/Documents/
Publications/Family-Court-rewrite-submission-New-Zealand-Law-Society.pdf (Accessed on:
27.10.2019) 37 District court of New Zealand, https://www.districtcourts.govt.nz/reports-publications-and-
statistics/annual-reports/ (Accessed on: 09.09.2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 124
Family Court should still be available in a timely way, particularly to protect the
interests of children, without insurmountable barriers for those who require its
assistance. It was observed that only 15.97% of matters proceeded to a judge for
determination rest resolved through out-of-court process.
As an alternative, a judge-led mediation conference may appoint, or direct a Registrar
to appoint, counsel to assist and to act as a mediator in counsel-led mediation in New
Zealand.
The main statutes governing family courts are:
Family Court Act 1980: This establishes the Family Court and provides for its
constitution, jurisdiction, powers and procedures.
Marriage Act 1955 and Civil Union Act 2004: These provide for the legal union
of couples by marriage or civil union.
Family Proceedings Act 1980: This regulates matrimonial and Family Court
proceedings, and provides for paternity, partner maintenance, dissolution and
voiding of marriage and civil union.
Property (Relationships) Act 1976: This provides a code for how the property of
married, civil union and de facto couples (including same sex couples) is to be
divided when they separate, or when one of them dies.
Child Support Act 1991: This provides for the assessment, collection and payment
of child support, and the collection and payment of partner maintenance (by Inland
Revenue). There is provision for the enforcement of overseas orders in New
Zealand and of New Zealand orders overseas.
Care of Children Act 2004: This defines and regulates the care and guardianship
of children. Sub part 4 of the Act enacts into domestic law, the New Zealand's
obligations under the HCCH Convention on the Civil Aspects of International
Child Abduction 1980 (Hague Child Abduction Convention).
Domestic Violence Act 1995: This provides for protection from family violence.
Status of Children Act 1969: This provides for the status of children and
determines parentage of children born with the aid of assisted reproductive
procedures.
Adoption Act 1955: This provides for and regulates the adoption of children.
Trans-Tasman Proceedings Act 2010: This provides for the hearing and
enforcement of cases to be streamlined where one party is in New Zealand and one
in Australia.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 125
Family Dispute Resolution Act 201: This provides for parties to attend mediation
as the first step in disputes involving the care of children.
(A) Changes made by 2014 Reforms
Out-of-court processes:
Introduction of Family Dispute Resolution.
Parenting through Separation Programme becoming compulsory for
people who want to apply to the Family Court.
Setting up of the Family Legal Advice Service.
In-court processes:
Removing lawyers from the early stages of a court case (except where cases
are urgent).
Changes to court processes including introduction of ‘case tracks’ and
different types of conferences to progress court cases.
Changes to the way the children’s safety is assessed.
Role of professionals
Changing the role of lawyer for the child to represent both a child’s welfare
and best interests and views.
Changes as to how specialist reports are obtained and the introduction of
a standard brief (a checklist) for those reports.
Removal of counselling services.
Introduction of ‘cost contribution orders’.
(B) Undefended Family Court Statistics
Undefended applications are undisputed matters that are resolved without proceeding
to hearing and are included in the figures below38
Comparing the 2017/2018 fiscal year with 2016/2017, there has been:
0.5% decrease in new applications to 59,804;
21% decrease in disposals to 46,259 applications; and,
5% decrease in the number of active applications to 13,796.
38Family Court Undefended Statistics,
http://www.districtcourts.govt.nz/reports-publications-and-statistics/statistics-2018/family-court/
undefended-family-court-statistics/ (Accessed on: 27.10.2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 126
The table below shows the number of applications by location:
new defended — the filing of new applications
disposals — applications with a final judgment or outcome Active; and
applications — number of applications active (or on hand) at the end of the
reporting period
Newly Defended Disposals Active Application on 30
June 2018
59,804 46,259 13,796
(Table No. 25)
(C) Defended Family Court Statistics
Defended applications are disputed matters that are proceeding to a hearing and are
included in the figures below.39
At a national level, all application types are grouped together. Comparing the
2017/2018 fiscal year with 2016/2017, there has been:
14% increase in newly defended applications to 14,584;
3% increase in disposals to 12,087 applications; and,
14% increase in the number of active applications to 12,150.
The table below shows the number of applications by location that:
newly defended applications are those where a defence has been filed;
disposals — applications with a final judgment or outcome; and,
active applications — number of applications active at the end of the reporting
period.
Newly Defended Disposals Total Active as at 30 June
2018
14,584 12,087 12,150
(Table No. 26)
(D) Learnings from New Zealand
Family Dispute Resolution: In Family Dispute Resolution, an independent mediator
will help the parents to discuss and try to reach agreement on the issues in dispute.
39Family Court Defended Statistics, http://www.districtcourts.govt.nz/reports-publications-and-
statistics/statistics-2018/family-court/defended-family-court-statistics/ ( Last Accessed: 27.10.2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 127
Family Dispute Resolution is usually compulsory in most Care of Children Act cases,
so that one usually cannot apply to the Family Court to deal with a dispute unless one
has already attempted to resolve the dispute through the Family Dispute Resolution
process.
(i) Parenting through separation
Expanding Parenting through Separation and making participation mandatory for
many applicants before they proceed to the Family Court. PTS is a free information
programme that teaches parents about the effects of separation on children, and
parenting skills to reduce children’s stress during separation.
(ii) Family Legal Advice Service
Providing low-income parents eligible for out-of-court support is up to four hours of
legal advice prior to FDR through the Family Legal Advice Service. They may also
be provided with up to three hours of preparatory counselling to help them make the
most of Family Dispute Resolution.
4. United Kingdom
Family matters are dealt with in the Family Division of the High Court, by district judges in
County Courts and in Family Proceedings Courts, which are specialist Magistrates’ Courts.
The presiding officer of the Family Court in UK i.e. Magistrates undergo special training
before they sit in Family Proceedings Courts, where procedures are very different from
criminal courts.
However, in April 2014 a single Family Court was established under Sec. 31A of the
Matrimonial and Family Proceedings Act 1984 (MFPA) (inserted by the Crime and
Courts Act 2013), exercising jurisdiction in majority of family proceedings.
Subsequent to unification of Family Court, the Family Proceedings Court no longer
exists. All family matters dealt with in the County Court will be dealt with in the
Family Court40. In the UK, the Family Court is able to sit anywhere and likely sits at
the County and Magistrates' Courts where family cases heard previously.
It is divided into geographical areas, each of which has a Designated Family Centre
(DFC) which is managed by a Designated Family Judge (DFJ).The Family Court
40 Available at: https://www.judiciary.uk/wp-content/uploads/JCO/Documents/Reports/single-family-
court-guide-final-08042013.pdf (Accessed on: 20/09/2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 128
Rules of 2014 (Composition and Distribution of Business)41 offers guidance on the
level of judge likely to be allocated to certain types of proceedings. Rule 15 to Rule
20 provide for allocation of business of Family Courts and specifies optimum use of
the judicial resources
The High Court continues to operate in family proceedings. However, only a limited
number of cases are automatically reserved for the High Court, such as those involving
the inherent jurisdiction of the High Court whether in relation to children (wardship)
or incapacitated or vulnerable adults and certain international cases under the Hague
Child Abduction Convention or the Brussels II bis Regulation.
(A) Power and Jurisdiction
In the UK, the Family Court and Family Division deal with all kinds of legal disputes
relating to children and the breakdown of relationships.
Types of matters include42:
parental disputes over the upbringing of children;
local authority intervention to protect children;
decrees relating to divorce;
financial support for children after divorce or relationship breakdown;
some aspects of domestic violence; and
adoption
There are two types of cases concerning children: public and private law43.
41 Schedule 1: Allocation, the Family Court (Composition and Distribution of Business) Rules 2014.
Available at: https://www.legislation.gov.uk/uksi/2014/840/schedule/1/made 42Available at: https://www.judiciary.uk/you-and-the-judiciary/going-to-court/family-law-courts/
(Assessed on: 20/09/2019) 43 Public law: Public law cases are brought by local authorities or an authorized person (currently only
the NSPCC) and include matters such as:
- care orders, which give parental responsibility for the child concerned to the local authority
applying for the order,
- supervision orders, which place the child under the supervision of their local authority,
- emergency protection orders, which are used to ensure the immediate safety of a child by
taking them to a place of safety, or by preventing their removal from a place of safety,
Public law cases must start in the Family Proceedings Courts. They may be transferred to the County
Courts if it will minimize delay or enable the case to be consolidated with other family proceedings,
or where the matter is exceptionally grave, complex or important.
Private Law: Private law cases are brought by private individuals, generally in connection with
divorce or the parents’ separation such as:
- parental responsibility,
- financial applications,
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 129
The court has wide powers to make orders in relation to the division of assets on
divorce or judicial separation including order to a party under Sec. 22 to 24A, MCA
1973 to44 -
• make, or arrange, periodical payments (maintenance) to the other party for
as long as the court decides it is necessary;
• pay a lump sum/sums to the other party;
• make, or arrange, periodical payments for the benefit of any children (child
maintenance) subject to certain restrictions set out in child support
legislation;
• pay a lump sum for the benefit of any children;
• transfer specified property to the other party;
• make a settlement of specified property (that is, set up in trust, for the benefit
of the other party and/or a child of the family);
• vary any nuptial settlement or trust made for the benefit of one of the parties.
• sell specified property and distribute the proceeds;
• share a pension fund; and
• court can take all assets in which the party/parties have a legal or beneficial
interest (including trust, company or property interests, even where the legal
title is held in third party hands) into consideration when calculating the
assets available for distribution and division.
It can be seen that in the UK, the Family Court specifically focuses on protection of
children, in cases where the government intervenes in a family to protect children from
harm. The court also tries to eventually put them for adoption or to be placed in an
extended family.
Another side effect of the break-up of a relationship is the question of money. The
Family Court can settle questions as to who is entitled to what after a marriage or civil
partnership ends. Disputes over regular maintenance payments to help and to look after
children can end up there as well—when the parent, who’s being asked for money, is
- special guardianship orders, which give a special guardian legal responsibility without
removing legal responsibility from the birth parents, and
- Orders under Sec. 8 of the Children Act 1989, which can be used to settle where a child
lives, parental contact and responsibility and other specific disputes. Orders can also be made
over “prohibited steps” – for example, preventing a parent from moving a child to another
country
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 130
a high earner, for example—but that’s rare. There’s a government Child Maintenance
Service intended to handle most of those cases. The Family Court can order money to
be paid by a parent to support their children, but in practice this usually happens when
the dispute is about a lump sum rather than maintenance.
The family division of the High Court deals with more complex cases involving
specific issues such as certain cases of international child abduction, forced marriage,
and female genital mutilation.
(B) Qualification and Role of Judges
Judges of different ranks, from magistrates without legal qualifications to High Court
judges, sit in the Family Court. They are assigned cases based on what type of family
dispute it is, and how complicated the dispute is.
Appeals against a decision of one judge will often go to a more senior judge within
the Family Court. If the original judge is already quite senior, the appeal will have to
be heard by the Family Division of the High Court, or even the Court of Appeal
above that.
First, any fact in dispute has to be proved on what’s known as the balance of
probabilities. This means that to be treated as having happened, any fact in dispute has
to be proved to be more likely than not. It’s also referred to as the civil standard of
proof—to distinguish it from the criminal standard of proof, in which a jury must be
“sure” (or be “beyond reasonable doubt”) to convict somebody. This
difference means that sometimes the Family Court will decide, to take an extreme
example, that somebody has killed their child even if a separate criminal trial for
murder has resulted in an acquittal. If there were other children in that family, the
Family Court may need to make a decision on what happens to them, and to do so
would decide on the balance of probabilities whether the parent was responsible for
the death.
Second, most hearings concerning matters to do with children are heard in private.
Members of the press may attend most hearings, but there are restrictions on how much
of what goes on they can report. Judgments in cases heard in private are
often published, particularly when important or controversial, with the names of the
people involved replaced by letters.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 131
(C) Family Court Statistics
(i) Public law
There were 4,460 public law cases started in January to March 2019, down to 9%
compared to the equivalent quarter in 2018, and the lowest number of cases started
since the final quarter of 2015. There were 4,290 cases that reached a final disposal,
3% lower than the same period in 2018.
Timeline: The average time for a care and supervision case to reach first disposal was
33 weeks in January to March 2019, 3 weeks up from the same quarter in 2018. It is
the longest average time to first disposal since the final quarter of 2013. Half (42%) of
these care proceedings were disposed of within the 26-week limit introduced in the
Children and Families Act 2014.
(ii) Private law
The number of Private law cases started and the number of applications increased by
12% from January to March 2019 compared to the equivalent quarter in 2018. The
number of Private law cases disposed of from January to March 2019 was up 9% on
the equivalent quarter in 2018, with the number of disposals up 11%
Timeline: In January to March 2019, it took on average 29 weeks for Private law cases
to reach a final order, i.e. case closure, up nearly 4 weeks on the same period in 2018.
This continues the upward trend since the middle of 2016, where the number of new
cases overtook the number of disposals, creating a greater number of outstanding
cases.
(iii) Legal Representation:
Cases with legal representation take longer on average. In general, cases where either
both parties or the respondent only had legal representation it took longer time to be
disposed than those cases where only the applicant was represented or where both
parties were without legal representation.
(iv) Divorce
Increase in the number of divorce petitions, alongside an increase in timeliness of
proceedings. Divorce petitions were up to 6% from January to March 2019 compared
to the same period in the previous year. Average time from petition to decree nisi
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 132
increased from 33 weeks in January to March 2019, to 27 weeks in the same quarter
of 2018.
(v) Adoption:
Number of adoption applications and orders up for second quarter in a row following
downward trend. During January to March 2019, about 1,324 adoption applications
were made, up 1% from the equivalent quarter in 2018. Over the same period, the
number of adoption orders increased by 3% to 1,331
(E) Learnings from United Kingdom
It can be seen that the Family Court in the UK has shifted from multiple courts to a
unified single court since 2014. The main focus of the court is not to upkeep the
marriage but to take care of welfare of the child out of a disturbed family or family in
dispute. The court has wide power relating to division of assets which can be provided
for the benefit of the child.
The cases in the Family Court are allocated to the judges pertaining to their level and
the need for a particular proceeding. New technology has been introduced in the
Family Court to make the system simpler and more efficient for everyone, with
improvements to the court estate, and developed the functions of enhanced case officer
(legal adviser) to support judges better45. The technology allowed the parties to file
divorce online and 41,000 divorce online applications were made since the service was
launched in April 2018, with digital uptake at 58% and 82% of users saying they were
satisfied with the service.46
In the UK, there is a concept called pre-proceedings which included the Mediation
Information and Assessment Meeting, where attendance at a Mediation Information
and Assessment Meeting is required for any applicant in relevant family proceedings
(as provided in Sec. 10 of the Children and Families Act 2014) and is expected and
encouraged for all respondents. These provisions ensure that parties have an
opportunity to find out about mediation and other forms of family dispute resolution.
The Mediation Information and Assessment Meeting provides an opportunity for
parties to meet with a mediator. At this meeting the Mediator will:
45 The latest reform in the family jurisdiction, https://www.gov.uk/guidance/hmcts-reform-update-
family (last accessed: 10.8.2019) 46 Ibid
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 133
• provide information about the process of mediation and other forms of
family dispute resolution;
• start to clarify the areas where there are disputes, and provide options for
resolving them;
• identify other sources of support including financial, emotional and legal;
and
• provide parties with more detailed information about additional services that
encourage reaching settlement.
At the Mediation Information and Assessment Meeting, the mediator will talk to the
parties about their concerns and their immediate priorities with the aim of setting an
agenda for areas to be negotiated. This typically includes children, finance and
property issues. Discussions take place with the parties separately until or unless it is
recognized to be safe for any meeting to take place together.
As well as providing information about what mediation can provide, the mediator is
making an assessment about the parties’ ability to mediate. In some cases mediation
might not be suitable. There may be other over-riding factors, which mean that the
court does not consider attendance at Mediation Information and Assessment Meeting
is suitable in any particular case. Family Procedure Rule 3.8(1)/(2) sets out the
circumstances in which a requirement to attend a Mediation Information and
Assessment Meeting does not apply. In summary, the main exemptions are:
• domestic violence/child protection;
• bankruptcy;
• unavailability of an authorized mediator within a specified geographic
area or timescale; and,
• Mediation Information and Assessment Meeting has already been
attended in the four months prior to making the application.
Court obligations to review opportunities for non-court dispute resolution:
1. The Child Arrangements Programme makes clear that mediation and other forms of
non-court dispute resolution should be considered at every stage of a court process.
2. Family Procedure Rule 3.10 of UK requires judges, if appropriate, when making a
decision on allocation and in any event at first hearing, to inquire into whether any
Mediation Information and Assessment Meeting exemption claimed has been validly
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 134
claimed. If it is determined that the exemption was not validly claimed, the judge can
direct the applicant or both parties to attend a Mediation Information and Assessment
Meeting and can adjourn proceedings for that purpose.
3. The judge can assist parties, especially litigants in person, to understand the choices
available to them and the likely outcome of continuing court involvement, with or
without Children and Family Court Advisory and Support Service mediation or other
non-court dispute resolution interventions.
5. United States
The changes occurring in the structure and functions of the American family, the
family law systems of the western industrial societies began a radical transformation
in the 1960s in the areas of marriage, divorce, support and parent-child relationships.47
Around the turn of the 20th century, family law courts was one of the several great
public institution established by the American social reformers to address the
burgeoning complexity of societal issues in an increasingly urban environment.48
In the US, the Family law courts began as an alternative to adult criminal courts for
children in trouble with the law but expanded to include multiple areas of jurisdiction
including delinquency, child welfare, custody guardianship, child support, family
offenses, and divorce etc. The Family Court system was set up in the late 60s to
alleviate the burden on the civil and criminal courts.49 The statistics provided that there
was an increase in the number of divorces from 1867 to 1886, which led to
overburdening of justice delivery system with an ever-growing need to provide
adjudication of divorce and the issues related to it.
In New York, there was evidence of public dissatisfaction with the courts' handling of
family-support cases even at the turn of the century. The State Constitution of 1894,
carried over without change in 1921 and 1938, permitted the legislature to establish
children's courts or courts of domestic relations as separate forums or as parts of other
courts. The first Family Court (then called the domestic relations court) was
47 Mary and Glendon, The Transformation of Family Law: State, Law, and Family in the United States
and Western Europe, (1989). 48 Jane M. Spinak, “Reforming Family Court: Getting it Right Between Rhetoric and Reality”, Journal
of Law & Policy, 31 (2009) 49 Victor E. Flango, “Creating Family Friendly Courts: Lessons from Two Oregon Counties”, 32 Family
Law Quarterly 1998, 115
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 135
established in New York by a statute in 1910. The court was set up in Manhattan and
in Brooklyn as part of magistrate’s court system. No change was made until 1933 when
children’s and Family Courts were brought together as non-criminal tribunal50.
Followed by Cincinnati, Ohio establishing an integrated Family Court, Cleveland
established similar courts as divisions of trial court, Missouri established a court of
domestic relations as part of circuit court. The state of Washington created a family
court as part of the superior court for hearing and reconciliation of matrimonial
controversies, and in Texas the juvenile courts were converted to Family Court. These
Family Court operates as separate divisions dealing with all family and child related
matters including adoption and custody, desertion and support matters and divorce
matters51.
In the District of Columbia in 1956, a domestic relations branch was created which
included three separate courts, one of which handles divorce cases, another pretrial
conferences and a third motions, preliminary orders, uncontested cases and adoptions.
The Family Court was created to focus special attention on individual and social
problems concerning families and children. Consequently, its goals are to assist, to
protect, and if possible, to restore families whose unity or well-being is threatened.
This court is also charged with assuring that children within its jurisdiction receive
care, guidance, and control conducive to their welfare and the best interest of the state.
Additionally, if children are removed from the control of their parents, the court seeks
to secure care equivalent to that which their parents should have provided. On these
goals, the Family Court has jurisdiction to hear and determine52
all petitions for divorce and any motions in conjunction with divorce
proceedings, such as motions relating to the distribution of property, alimony,
support, and custody of children,
petitions for separate maintenance and complaints regarding support for
parents and children,
matters relating to delinquent, wayward, dependent, neglected, abused, or
mentally deficient or mentally disordered children, and,
50 Jacob T. Zukerman, “The Family Court- Evolving Concepts”, Annals of American Academy of
Political and Social Science, 383, Progress in Family Law (1969), 119-128 51 Ibid. 26 52About the Family Court, https://www.courts.ri.gov/Courts/FamilyCourt/PDFs/AbouttheFamilyCou
rt.pdf, (Accessed on: 10/09/2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 136
adoptions, child marriages, paternity proceedings, and a number of other
matters involving domestic relations and juveniles.
Courts in the US currently recognize two types of divorces: absolute divorce and
limited divorce. To obtain an absolute divorce, courts require some evidence showing
misconduct or wrongdoing on one spouse's part. An absolute divorce is a judicial
termination of a legal marriage. Many states have enacted no-fault divorce statutes,
which do not require showing spousal misconduct and are a response to outdated
divorce statutes that require proof of adultery or some other unsavory act in a court of
law by the divorcing party. Nevertheless, even today, not all states have enacted no
fault divorce statutes. Instead, the court must only find53 that;
1) relationship is no longer viable,
2) irreconcilable differences have caused an irremediable breakdown of the marriage,
3) discord or conflict of personalities have destroyed the legit ends of the marital
relationship and prevents any reasonable possibility of reconciliation, or
4) marriage is irretrievably broken.
Mediation: In the US, mediation is widely recognized in matters concerning Family
Court and some of the state Family Court provides free court mediation. One such
Family Court of Rhode Island offers a free court-based mediation program to assist
parties in settling cases through a process that is fair, cooperative, and respectful.
Mediation gives parties an opportunity to discuss issues, be heard, and to work toward
an agreement in a safe, and private setting. When a case involves children, it is
expected that mediation will result in a parenting plan that meets both parents’
concerns as well as the children’s needs.
53 Cornell Law School, https://www.law.cornell.edu/wex/category/family_personal_matters
(Accessed on: 10/09/2019)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 137
CHAPTER-SIX
CONCLUSION AND SUGGESTIONS
CONCLUSION
The pendency in Family Courts of Madhya Pradesh is around 40,000 cases, but this
pendency is not very high compared to other states like Bihar, Kerala and Uttar
Pradesh. The Family Courts of Madhya Pradesh is believed to have made tremendous
progress in responding to the needs of families and children in distress. The judges
currently presiding over Family Courts of Madhya Pradesh are working efficiently
within the limited resources, infrastructure available and lack of information and
communication technology in these courts. These judges motivate parties to resort to
alternative techniques of dispute resolution to the best of capacity even in existing
institutional gaps in the area. Therefore, there is a room for improvement to bring
these specialized courts towards excellence. The improvement in these specialized
courts could be done through different ways which work within the court and litigating
families at different stages. There is need for sufficient resources for intervention in
initial process and in far more areas of Family Courts to make them accessible and
litigant friendly. This transformation of courts dealing in judicial dispensation of
family law cases is striving to reduce pendency, not only in Family Courts of Madhya
Pradesh but also in Family Courts functional in all other states of India.
In countries like Australia, New Zealand, Singapore, United Kingdom and United
States, Family Courts are more oriented towards the welfare of children and individual
interest of parties in cases of breakdown of marriage. The focus is not solely on
arriving at a reunion or granting divorce as against reaching at reunion which is the
main emphasis of Family Courts in India. In India these courts focus upon preserving
and prioritizing the institution of marriage over individual interest or welfare of
children. Therefore, it is felt that with the ever changing needs of the society, its
practices and cultures, the Family Court must also change to the contemporaneous
needs of society. A shift is required in the perspective of Family Courts from
preserving the marriage as an institution to a child welfare institution focused upon
individual interest by adopting intensive ADR techniques, utilizing information and
courtroom technology, upgrading websites, limiting the role of advocates and
restricting adjournments to minimum.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 138
It is required that the suggestions be separated into broad and manageable goals which
can be incorporated into existing system and goals which can be adopted in the future
to ensure a successful new model of Family Courts in Madhya Pradesh.
SUGGESTIONS
Delay in any case can leave litigants in uncertain situation and potentially add to costs.
Delay in disposal of family matters leads to anxiety and uncertainty at a time when
parents and children need stability to reorganize their lives. Therefore by adopting
various techniques judges must try and aim to resolve a family dispute case as quickly
as it is feasible and appropriate.
This part summarizes the study on functioning of Family Courts in different
jurisdictions, analysis of questionnaire, observations made during field study and
inputs gathered from respective Family Court Judges by suggesting possible solutions
which could be adopted for the efficient functioning of Family Courts in Madhya
Pradesh. The research team tried to come-out with comprehensive suggestions for
various stakeholders involved in the process of dispensation of justice through Family
Courts which may help in addressing concerns relating to delayed disposal in these
courts.
This research team focused on some pertinent areas which aim in achieving better
outcomes for children and families that come before the Family Court of Madhya
Pradesh to improve their overall functioning and suggesting methods to reduce
pendency in these courts. There are six key points on which elaborate suggestions are
recommended:
I. Three “S”: Specialized Court, Specialized Judges and Specialized Training.
II. Mediation and Counselling in Family Courts
III. Court and Case Management
IV. ICT in Family Courts
V. Addressing Pendency
VI. Infrastructure Improvements in Family Court of Madhya Pradesh
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 139
I. Three “S”: Specialized Court, Specialized Judges and Specialized Training
Specialized Court: Court specialization is commonly considered to be an important
reform initiative to advance the development of a successful judicial system. Studies
on Family Courts in Australia, United Kingdom and United States provide an insight
into the benefit of specialized courts in family matters, where greater integration,
coordination and efficiency in the management of cases are involved.54 The creation
of a specialized court allows the government to establish specialized rules and
procedures which are uniquely suited to family cases. Therefore, considering the need
for speedy settlement of family matters the Indian Parliament passed a Family Court
Act, 1984 to establish specialized courts called Family Courts.
Key Findings:
Suggestions
Simplified Process and Procedures
As a specialized court these courts must be made litigant friendly and
accessible by simplifying process and procedures followed. These courts must
reflect the special need of the cases the courts handle.
The Act was framed with the purpose to have specialized courts where
involvement of advocates was to be exceptional and parties were expected to
represent their cases. However, with the passage of time every case in the
Family Court is now represented by advocates and self-representation has
become rare. The provisions of the Act are not followed in its spirit. Example
54 Australian law Reform Commission (ALRC) on Family Violence – A National Legal Response
(Sydney: ALRC, 2010)
Sp
ecia
lize
d C
ou
rt Family Courts are not operating as specialized courts. Theyoperate as regular civil or criminal court.
Lack of simplified procedures. Complicated process andprocedures followed similar to that followed in any other courts
Non conducive environment to deal with the intricate nature offamily cases
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 140
Sec. 12, 13 and other provisions of the Family Courts Act. These provisions
must be followed with the very purpose with which they were incorporated.
The designated Judge of the Family Court has been provided discretion and
autonomy to deal with family cases as they find appropriate by the Act.
However, it is not in practice in every Family Court of Madhya Pradesh due to
judicial hierarchies in the existing system.
Separate court building or atleast separate wing for Family Courts be made
having less formal process with more focus on conciliation techniques. Family
Court matters be heard in family friendly environment and in space separate
from other courts.
Specialized Judges: Judicial specialization generally means that judges have special
knowledge of and expertise in a particular area of the law. More specifically, it also
means that certain types of cases are handled somewhat differently, possibly even
separate from the rest. The main reason for court specialization is increasing
specialization of the law and the growing complexity of topics as stated by the
Working Party of the Consultative Council of European Judges (CCJE). The
specialization of judges is increasingly needed due to the specialization of lawyers and
other stakeholders involved in family disputes.
Key Findings:
Fam
ily
Co
urt
J
ud
ges
The Family Court (Other Qualification for Appointment ofJudges) Rules, 1988 is not followed in practice.
Judges currently presiding over Family Courts come fromdissimilar background with different civil/criminal areas ofpractice.
Few women judges are currently presiding over Family Courts asagainst Sec. 4(4)(b) of the Family Court Act.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 141
Suggestions
In Australia, only those are appointed as Family Courts judges, who by reason of
training, experience and personality, are suited to deal with family law cases.
High Court may look into the prospect of developing a panel of judges
dedicated towards social issues involved in family law cases as feasible and
appropriate.
Further, these judges could be encouraged to develop subject expertise, so they
can be assigned to handle these cases when they come before the court.
The family matters often present complicated emotional and non-legal issues
requiring a Family Court judge to have interdisciplinary knowledge of social
work, psychology and alternate dispute resolution techniques which should be
taken into consideration before designating a judge in Family Courts.
The minimum term to serve as a Family Court judge must be fixed in all
districts for four years or five years.
Well trained and highly motivated judicial officers and staff in specialized
courts be selected and retained.
The experience and expertise of specialized judge will lead to the better decision,
better outcomes for litigants, and greater user satisfaction. It was also noted that if a
specialized court is headed by specialized judge will be able to contribute to greater
predictability and confidence in the courts and possibly reduced appeal rates.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 142
Illustration 1: To constitute panel for specialized Judges in Family Courts
Specialized Training: During the course of study it was analyzed that due to the
intimate and emotional nature of cases filed in Family Courts, a judge is required to
have complex knowledge, skills and qualities. Therefore, it is imperative for Family
Court judges to undergo regular training and education to keep up with these
developments and to remain properly qualified to adjudicate family cases. Without
continuous training, specialized judges may be less equipped to hear new issues, and
the court may not function to its optimum.
High CourtConstitute a panel of
judegs
Court "A"
for illustration purposes only
Court "B"
for illustration purposes only
Out of these three courts judges may be selected who are inteerested in
family cases
A panel of Family Court judges prepared
by the HIgh Court
Training and Transfer to Special courts
Constituted under Family Court Act, 1984
Secialized Judge
Family Court 1
Specialized Judge
Family Court 2
A proper cadre of Family Court judges will surely improve the functioning of Family Court and timely dispensation of cases
Specialized judge
Family Court 3
Court "C"
for illustration purpose only
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 143
Key Findings:
Suggestions
The judges, having interest in dealing with family matters, must be identified
and given necessary training before positing or transfer as a Family Court
judge.
Continuous training must be imparted to Family Court Judges after taking
charge to abridge them with the changing needs of law and specialized courts.
A sample list of topics which could be included in training modules for Family
Court Judges is annexed as Annexure 1.
Additional Knowledge, Skills and Qualities for Family Court Judge55
• Cadre Management: A Family Court judge must have a minimum qualification, be
well versed in the subject matter, and rules of procedures for, the types of cases that
come up to Family Courts.
• Evidence: FCJ dealing with cases involving one or more self-represented litigants
must be able to elicit evidence necessary to secure justice without creating an
appearance of impropriety or bias.
• Ethics: FCJs must be prepared for the ethical challenges that arise from managing
cases involving families and children
• Trauma Informed decision and awareness of forensic trauma: FCJs must be
aware of and sensitive to the experience of litigants moving through the Family
Court system. FCJ must have an expansive view of the reliefs available to maximize
effectiveness of the processes.
55 Honoring Family Initiative, The Modern Family Court Judge: Knowledge, Qualities and Skills for
Success, Institute for the Advancement of the American Legal System, University of Denver. (2015)
Tra
inin
gMost of the Family Court judges lack prior training before takingcharge as a Family Court Judge. (refer Chart 1)
Lack of continuous training on specialised modules after takingcharge of a Family Court.
Lack of comprehensive training modules and training imparted.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 144
• Child development and Family dynamics: FCJ makes decision having long term
impact on families and welfare of child. While judges can rely on professionals but
having knowledge in the area can be an enabler for a judge to weight and value his
decision.
• Understanding one’s own biases: Shaped and influenced by one’s personal
experiences, cultural stereotypes and attitudes about oneself, implicit biases can
jeopardize fairness in any case. Therefore, a FCJ must recognize that these biases
exist and workout strategies to address them.
• Cultural Competence: A FCJ must be sensitive and attentive to issues of class,
race, age, citizenship, marital status, and gender, in a society which operates at
varying levels in any case explicit or implicit.
• Dispute resolution techniques: it is important for a judge to know of these
techniques from a procedural standpoint and its benefits to litigants in these matters.
• Listening skills, decisiveness, timeliness, humility and thoughtfulness,
respectfulness and courtesy, stress management, judicial leadership and
commitment.
The above qualities are very essential attributes for a Family Court judge. However,
when a judge is assigned the bench of Family Court most of them are transferred
without any prior experience in handling these complex family law cases. Judicial
education may play a significant role in shaping a judge highly skilled towards the
specialized area of law. A judge will acquire the required skills for presiding over
particular type of cases over time through his hand on experience and self-education.
But the time consumed may negatively impact the justice dispensation causing delay
in proceedings and leading to pendency. This is where the judicial academies has an
indispensable role. Without adequate judicial training, judges lack the specialized
knowledge skills and qualities required in time.
II. Mediation and Counselling in Family Courts
Family dispute matters including matrimonial causes, maintenance and custody of
children form a major portion of cases referred for mediation, since these cases are
best suited for ADR.56 These disputes are often caused by trivial misunderstandings
which can be sorted out with the help of trained mediators.57 However, it is to be noted
56 Afcons Infrastructure v. Cherian Varkey Construction Co (p) Ltd and Ors (2010) 57 K. Srinivas Rao v. D.A. Deepa (2013)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 145
that mediation cannot be resorted to in all type of family disputes; specific cases of
domestic violence and child abuse are not suitable for ADR mechanism unless suitable
orders are made for the protection of the party at risk.
During the analysis of responses received through questionnaire and field visit, the
research team identified that ADR has a very significant role in resolving family
dispute matters. It was observed that in some districts most of the family cases were
amicably resolved through mediation techniques since parties gets an opportunity to
confront each other one on one to work out their issues and arrive at a settlement.
However, in some districts ADR has not been very successful and parties are not
willing to try an alternate mechanism to settle their family dispute whereby, leading to
burdened courts. (Refer Chart Nos. 24-26 in Chapter III).
As stated by Justice Madan B. Lokur that:
“The necessity of introducing effective ADR mechanism coupled with case
management is the need to tackle the snowballing problem of pendency in Indian
judiciary. However, the goal should not only be to expedite the delivery of
justice but also to improve the efficiency in decision making in courts.”
The concept of Family Court demands that the Family Court should be essentially a
conciliation service with court appearances as a last resort, rather than a court with a
conciliation service as pointed out in the report of the Royal Commission of New
Zealand.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 146
Key Findings:
Suggestions
Trained Mediators
There is a dire need of trained mediators in mediation centers annexed to Family Courts
to help parties to find a solution to the problem of breakdown of marital relationship.
Failure to appreciate the role of trained mediators and mental health professionals who
work with Family Courts is a serious error.
Mediation could be performed by retired judges, inclusive participation of
lawyers, an outside agency including NGOs and social workers.
A panel of mediators willing to help parties in their family disputes be
constituted by the appropriate authorities.
Proper funds be released by the Government for mediation to sufficiently
remunerate mediators currently working or associated with Family Courts.
Pre Institution Mediation
In the Commercial Courts Act, 2015 under Sec. 21A (2) read with Sec. 12A (1)
of the Commercial Courts (Pre Institution Mediation and Settlement) Rules,
2018 ("the Rules”) have been framed. These rules provide for mandatory pre-
Ch
all
eng
es:
AD
R i
n F
am
ily
Co
urt
s o
f M
ad
hya
Pra
des
hMany districts lack a court annexed mediation center and thosewhich have are in bad shape. In some districts these mediationcenters are operating in garages or the least space available in aFamily Court.
The 12 identified districts of Betul, Burhanpur, Chhindwara,Dewas, Hoshangabad, Neemuch, Panna, Sagar, Satna, Seoni,Shivpuri, and Sidhi do not have a court annexed mediationcenter.
Unawareness and unwillingness of parties to resort to ADR
Lack of trained mediators and counsellors in many FamilyCourts.
Lawyers perusing parties to follow the regular adjudicationprocess in courts instead of adopting alternate means.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 147
institution mediation in case of commercial disputes under Sec. 12 A which
states that, no suit shall be instituted before the plaintiff exhausts the remedy of
pre-institution mediation. The rules also prescribe the procedure in which the
pre-institution mediation as envisaged under the Act has to be carried out. It
further provides that the authority to conduct pre-litigation mediation must be
constituted under the Legal Services Authorities Act. The rules further stipulate
a timeline to be followed to conclude the pre-institution mediation without delay
and if the parties fail to arrive at a settlement, a failure report is provided to
resort to regular adjudication. These rules have made the whole process of pre-
institution mediation highly organized with the Authority and the Mediator
being required to process several forms prescribed for institution of
proceedings, issuance of notice to parties, settlement, and reporting of 'non-
starter' process to parties and failure report.
A similar model of pre- institution mediation could be adopted in case of family
dispute matters in Family Courts whereby the rules are framed for parties to
mandatorily resort to pre institution mediation before resorting to adjudication
proceedings. Similar timeline could be fixed in these matters to conclude the
mediation within time without causing any delay and incase parties fail to arrive
at a settlement then a failure report be given to the parties.
It is pertinent to make a reference of Family Justice Court of Singapore, where there is
mandatory mediation and counselling for cases in which parties have atleast one child
below 21 years of age. The Family Justice Court also conducts a Family Dispute
Resolution conference for parties having disagreement on family matters which is to be
attended by parties along with their lawyers if any. Further, majority of cases require
three or less than three sessions for conclusion. (Singapore)
This whole process will help to reduce the undue delay caused in between regular
proceedings of court whereby, parties seeking adjournments on stating scope for
amicable settlement. If the parties at the very beginning arrives at settlement the court
will be less burdened and could adjudicate only on complex matters. A proper
mechanism could be put in place with the help of DLSA or SLSA.
Timeline for Mediation
The research team suggests that strict timelines must be followed to conclude mediation
process, and further proposes a timeframe where:
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 148
length of each session of mediation will vary depending on requirement of each
case with, no session longer than one hour;
maximum 4 sessions in complex cases but minimum 3 sessions for each case
unless otherwise appropriate;
mediation process be aimed to be concluded at the earliest and not more than 2
months; and,
report must be mandatorily submitted at the conclusion stating the outcome with
reasons.
Infrastructure for mediation centers
The identified districts which do not have court annexed mediation center be
provided adequate infrastructure to annex a mediation center to their Family
Courts at the earliest.
In other districts, annexed mediation centers be provided separate rooms to
conduct mediation sessions thereby upholding the confidentiality of parties. The
space must be conducive for parties to be at ease, to discuss their issues with
each other along with mediator. This will improve the effectiveness of
mediation in family disputes.
The Family Court premises must be equipped with display boards, sign boards
and television panels displaying the options of ADR to parties and providing
simplified procedures to resort to these services. These techniques would also
be able to address the major challenge of parties being pursued by their lawyers,
since they would be aware of the mediation techniques and its advantages to
make their own choices.
Parties will gradually come to realise that mediation process far outweighs the
other methods of dispute resolution and take recourse to it earlier than later
instead of judge led pressure to participate in mediation process.
In Family Courts of Australia, families have access to a wide range of additional court
annexed services for counselling, education and mediation to provide one provide one
stop forum for families in dispute. (Australia
Online mediation
The prospects of online mediation must be explored in family dispute matters,
whereby online portals could be made to provide information regarding trained
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 149
mediators and the process to apply for it. Institutes like IIAM Bangalore and other
agencies could be involved for the same. There are increasing number of family
disputes where parties reside in different countries, joint mediation be made one of the
alternatives for speedy settlement of these disputes.
Counselling
In Chapters III and V the importance of counselling in family disputes has been
highlighted. It was observed that many consented and contested cases can be amicably
settled through the help of professional counsellors. Currently there are only 10-12
Family Courts of Madhya Pradesh where counsellors are present and regular
counselling is done in family matters where necessary. In Australia and New Zealand,
maximum family dispute cases are resolved through mediation & counselling and
similar is the case in some of the districts of Madhya Pradesh like Indore and Rajgarh.
Pre-litigation counselling will avoid court litigation and reduce cost, time and
delay in the settlement of dispute.
More trained counselors with required qualification must be appointed in
Family Courts of Bhopal, Gwalior, Indore, Katni and other districts facing high
rate of institution of new cases.
The research team proposes that each Family Court of Madhya Pradesh must have
Family Dispute Resolution center (Parivar Paramarsh Kendra) providing a wide
range of facilities like mediation, counselling, education and training.
The following suggestions could be implemented immediately within the prerogative
of the Principal Judge of the Family Court with limited resources available:
•In case of lack of infrastructure, while the FamilyCourt judge is presiding on bench, the chambercould be utilized to conduct mediationtechniques. It could be adopted as an immediatepossible solution.
•To spread awareness amongst litigants regardingADR mechanisms in Family Courts: voluntaryservices could be utilized from students of lawcolleges as a part of their mandatory course work.Students could be involved to give shortpresentation in Family Court premises to litigantsabout mediation and its advantages.
Immediate Possible Solutions
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 150
III. Court and Case Management
Judge as a master of court can control the entire management concerning the judicial
and supervise administrative functions. Considering the current crisis of caseload in
Family Courts, it is imperative to implement proper court and caseflow management
so as to save time, cost and effort. The dispensation of justice and disposal of new as
well as old cases is of paramount importance to reduce the ever increasing workload
from the judicial officers. To address the issue of pendency in Family Courts, it is
essential to speed up court process by managing and identifying areas which need to
be streamlined and consistently supervised.
Key Findings:
Suggestions
Prioritization of cases in Family Courts
During the study it was observed that Family Court cases involve intricate issues and
some of these issues require prioritization over other cases. Therefore, the research
team suggests that cases requiring immediate relief due to involvement of parties of
such nature must be put up on board for urgent hearing. Prioritization could be done
on the following basis:
Co
urt
an
d C
ase
Ma
na
gem
ent
Absence of uniform in-house mechanism to monitor the progressof each case in Family Courts of Madhya Pradesh.
In some Family Courts, judges are involved in non-judicialfunctions thereby losing significant working hours.
Lack of systemic mechanism to identify and categorize cases atthe stage of institution of new case.
Prioritization of cases on the basis of urgency is not done in eachFamily Court which is essential seeing the complex nature ofcases involving welfare of child and senior citizen.
Lack of trained staff for effective court management in mostdistricts of Madhya Pradesh.
Non-adherance of time assigned for oral hearing if any.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 151
1. cases relating to maintenance whereby the wife is completely devoid of
maintaining herself or the child;
2. custody of child matter where the child is below 10 years of age or as
necessary; and,
3. cases involving senior citizen.
The above cases are indicative and any other matter which judges of Family Courts
deem necessary may be prioritized for urgent hearing.
Categorization of Cases
It is evident from the analysis that Family Courts are burdened with different type of
cases which require special arrangements as all cases are not of similar nature. Proper
categorization of cases at the stage of institution is essential to direct an appropriate
path considering the type and nature of dispute. It is pertinent to note that not all cases
are suitable for ADR or counselling. Each case is not a contested case, some cases
which are prioritized above may fall in any of the below category. The cases in Family
Courts may be streamlined by the Principal Judge from very initial stage as below:
1. Contested versus Uncontested (Consented) cases
2. Cases suitable and not suitable for mediation and or counselling.
3. Cases could be categorized based on complexity of dispute:
Simple cases not involving technical issues.
Cases involving multiple issues
4. Cases with no activity: where parties are not willing to settle the dispute due to
grant of interim maintenance, or where the court has not received any interest
from the petitioner or respondent subsequent to the petition.
5. Default cases: Cases where no response has been received from the respondent
after service of notice and summons by the Court.
It was observed that there are cases in Family Courts whereby parties mutually agree
to settle the dispute and the cases are uncontested at one point but becomes contested
gradually or vice versa. Therefore, “Differentiated caseflow management” needs to be
worked out in Family Courts to monitor effective progress of each case pertaining to
its need.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 152
Timeline for effective caseflow
Time management is essential to address the concerns of pendency in any court and
Family Courts are no exception to it. Proper time management is a pre-requisite to
conclude trial in time without causing any delay. Principal Judge may assign timeline
for each category of cases and adhere to the set timeline.
Strict adherence of time line assigned for oral hearing if any. If no timeline is
assigned as it was observed in some districts, then a stipulated time must be
assigned to conclude oral hearing and adherence to it.
Family Court Judge may set a firm deadline for conclusion of settlement
proceedings or mediation sessions.
In Family Court of Singapore there is proper timeline for each of the steps followed
by judges presiding over Family Court from institution to disposal. (Refer Table no.
22)
Similar timeframes may be adopted in our Family Courts as feasible and appropriate
for different categories of cases.
In-house mechanism to check progress of each case
In some Family Courts, judges are involved in monitoring progress of a case
themselves thereby losing significant working hours. Therefore, the research team
suggests that a proper in house-mechanism be devised which could be put in place to
monitor the progress of each case and expedite disposal.
IV. ICT in Family Courts
Incorporating Information and Communication Technology in courts is the need of the
hour to reduce current workload and abreast the judiciary with latest development in
the technological era. Every sector is taking advantage of ICT and Judiciary is no far
behind. E-courts Committee of the Supreme Court of India is consistently working to
bring in innovative technology for effective functioning of courts. The research team
proposes that Family Courts should not be left behind and must be equipped with
necessary infrastructure pertaining to ICT to make these specialized courts more
accessible and litigant friendly.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 153
Key Findings:
Suggestions
Dynamic Website for Family Courts of Madhya Pradesh
There is a need for updating the current website of Family Courts of Madhya Pradesh
to dynamic website. The website must be simple and informative for a laymen who do
not have knowledge of law. The website must include the following:
1. What is a Family Court and the type of cases dealt by these courts?
2. How to go about filing a matter in Family Court: Step wise procedure to file a
case in Family Court.
3. Online system of filing a case or electronic filing through a common portal for
Family Court.
4. Every application or document necessary with regard to filing a dispute in
Family Court must be made available on the Family Court website.
5. Information on alternate means of dispute resolution like mediation and its
advantages on the website. Further, as a future goal the website may provide
an option for online mediation services.
6. Website must have the option to choose or convert the text in Hindi or English.
Info
rma
tio
n a
nd
Co
mm
un
ica
tio
n
Tec
hn
olo
gy
Absence of electronic filing in most of the Family Courts ofMadhya Pradesh (As indicated in Chart No. 28)
Lack of video conferencing facility in many Family Courts ofMadhya Pradesh.
Lack of Internet connectivity in Family Court of Indore and Sidhiand records are still not digitalised. No server rooms are availablein some Family Courts.
Latest techniques like SMS, Email for service of notice andsummons are not adopted in all Family Courts.
Lack of dynamic website for Family Courts to provideinformation to litigants.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 154
7. An indicative list of outside agencies like private mediators, counsellors, social
workers, NGOs, and lawyers must be provided for the support of litigants.
When litigants will have substantial information on how to go about their case in
Family Court, it will simultaneously limit the role of legal practitioners as these courts
will become more accessible and different from other civil or criminal courts.
A screenshot of websites operated for the Family Courts of Australia, New Zealand,
Singapore, and United Kingdom have been attached as Annexure 3 to provide an
illustration.
Immediate possible solution: Alternatively, the e-court website may provide the
following information with regard to Family Courts.
Use of Social media in Family Courts
Australia has advanced an extensive use of IT in Family Courts. There is a social media
platform of the court under which it operates twitter and YouTube. The twitter account
provides followers with timely, relevant and easy to access information about court
and family law issues, while the YouTube channel help litigants to easily understand
court process through videos uploaded on the channel.
The Family Courts in the state may work on similar lines and make extensive use of
IT in a positive way to spread awareness amongst litigants on important aspects related
to Family Courts such as procedure: how to apply for, advantages of mediation and
counselling etc. through easily accessible information like short video clips and tweets.
The links to these videos could be made available on the website of the Family Court
as well.
Video Conferencing
These techniques are very essential to reduce the life cycle of family dispute cases due
to the reason of parties residing in different districts, states or countries. Therefore
proper infrastructure and facilities for conducting video conferencing must be
provided in each Family Court of Madhya Pradesh. If video conferencing is
extensively used in these cases adjournments due to non-availability of parties will be
reduced. The evidence could be taken through video conferencing thereby reducing
the cost and time involved at the stage.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 155
Alternative options for the service of summons
Service of notice through E-mail: The Supreme Court of India in the case of Central
Electricity Regulatory Commission vs. National Hydroelectric Power Corp. Ltd. &
Ors., directed that in commercial litigation and in cases where advocates seek urgent
interim reliefs, service of notices may be effected by E-mail, in addition to normal
mode of service. The Courts have inducted the “electronic means” in their respective
rules in order to speed up the summons process. Therefore, the same may be
implemented in the family disputes also.
Service of notice through WhatsApp: In Tata Sons Limited & Ors vs John Doe(s) &
Ors, Delhi High Court, permitted affidavit of service through text message, WhatsApp
or by email.
The Delhi High Court notified on 9 February 2011, “Delhi Courts Service of Processes
by Courier, Fax and Electronic Mail Service (Civil Proceedings) Rules, 2010” wherein
service by fax and electronic mail was provided. Therefore it is submitted that
electronic mode of service of notice should be incorporated in the existing rules of
Family Court to help judges to expeditiously disposed of the matter.
V. Addressing Pendency
One of the core area of the present research is to identify causes of bottlenecks in
Family Courts of Madhya Pradesh and address them to reduce pendency. The above
suggestions mentioned are equally important to address the concern of pendency and
improve the efficiency of Family Courts.
However, during analysis and filed study the research team identified specific areas
that could focused upon to reduce pendency in Family Courts of Madhya Pradesh:
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 156
Key Findings:
Suggestions
Limiting Adjournments
It was observed through the study of case files that parties and their advocates often
seek multiple adjournments during trial, thereby increasing life cycle of a case. Strict
regulation of adjournment be done by imposing exemplary costs for seeking
adjournments on flimsy grounds i.e. unnecessary and unwarranted adjournments
should be avoided by imposing fines.
If adjournment is necessary then shorter adjournments may be granted.
Setting firm hearing dates to facilitate continuous trial.
Role of Advocate in Family Courts
In the existing framework of Family Courts, lawyers cannot be completely barred in
family matters due to the complex procedures involved from filing of a case till its
disposal. Judges pointed out that when parties are unaware of procedural requirements,
they create much problem in continuous trial of their dispute.
Ma
jor
Bo
ttle
nec
ks
Ca
usi
ng
Del
ay
Grant of adjournments is a regular practice in family trial.
Substantial number of cases pending for 5 years and above inFamily Courts are due to stay by the High Court
High involvement of lawyers in family dispute matters as againstSec. 13 of the Act.
Non-adherance to timelines at the very initial stage due tosettlement proceedings often casues delay
Poor infrastructure, untrained staff, and inefficient agencies forservice of summons and execution of warrant.
High number of filings as compared to the number of disposal.
High instituion and pendency in cases involving Sec. 9, and Sec.13 of the Hindu Marriage Act and Sec. 125 of the CrPC.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 157
The research team proposes to restrict or limit the role of advocates in Family Courts
as follows:
An established standard of practice for lawyers functioning in Family Courts
be framed and strict rules regarding absence of lawyers during counselling
be put in place.
Limiting the role of advocates to filing of a case and barring them during trial
stage as feasible except in complex case.
No legal representation in uncontested (consented) cases. These cases are
those whereby, the parties mutually agree on similar lines and are not
complex cases. These cases require a decree by court and lawyers could be
restricted in such cases.
Providing lawyers team: There may be court appointed lawyers to represent cases
before Family Courts who are willing to fulfill the purpose of establishing specialized
courts, who work with social workers and have an interdisciplinary approach. If
lawyers are appointed by the court then adjournments will be reduced. The court at the
first instance try to resolve the dispute through ADR and if it fails, then assign a court
appointed lawyer on limited representation basis to facilitate parties in trial.
Institution and Disposal
Family Courts are facing an increase in number of new cases being instituted every
year because of the changing society, while the disposal rate is lower in comparison
to the number of cases filed (as indicated in Chapter III, Table No.). Considering the
current trend of institution and disposal, it is imperative to suggest measures to
increase the disposal rate as follows:
Number of judges must be increased according to institution rate. Identified
districts of Bhopal, Chhindwara, Gwalior, Indore, Jabalpur, Katni, and
Khandwa where institution of cases in Family Courts is higher than other
districts, additional or Ad hoc judge be appointed to balance the disposal rate.
Districts where very few cases are instituted could be linked with other districts
having lesser institution. (Refer to Chart No. 6,7,8,9 in Chapter III). This will
balance and even out the distribution of caseload for Family Court judges.
Adhering to timeline for trial phase, institution phase and judgement phase:
The research team identified that as per the existing practice in Family Courts
of Madhya Pradesh approximately 413 days (13 months) are taken to conclude
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 158
institution phase, while it takes around 360 days (12 months) to conclude trial
phase, around 15 days for judgement and approximately 240 days for execution
of decree. The research team proposes a firm timeline i.e. 167 days (around 6
months) to conclude Institution phase, while approximately 200 days (7
months) to conclude Trial phase and 90 days (3 months) for Execution of
Decree. This timeline is indicative and may be followed as feasible and
appropriate. Adhering to firm deadlines will reduce the life cycle of a family
dispute case.
Uncontested cases: Judge may try to dispose of the consented matter at the
earliest or within maximum 4 months (except in cases where the cooling period
mentioned in the Hindu Marriage Act is to be adhered).
Pending cases due to stay by the High Court of Madhya Pradesh
It was observed during analysis and field study that out of the total number of cases
pending under the range of 1-3 years, 5-10 years and 10 years or above includes cases
stayed by the High Court of Madhya Pradesh.
The research team proposes that stay in cases of Interim Maintenance may be
decided and reverted back to the respective Family Courts at the earliest.
Further, any other cases relating to family matter stayed by the High Court may
be decided and reverted back to the respective Family Courts, to enable the
Family Court judge to dispose of these matters within reasonable time.
Unit System
On studying the unit system followed in case of family matters, it was observed that
the Units granted to Family Court judges on disposal of cases is not parallel to the
outcome of cases.
For example – Disposal of cases after conciliation resulting in re-union of parties has
more units than disposal of cases after conciliation resulting in decree of divorce. The
research team proposes that the units for both the categories should be equal as the
outcome of the case depends on merit and circumstance of each case whether it is
reunion or divorce. The decree is granted by a Family Court judge adopting the most
suitable option based on the circumstance of the case.
Further, the upper limit of unit for cases resolved through mediation may be increased
to promote the very purpose of the Act.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 159
Therefore, unit system in case of Family Court may be revised according to the needs
of the specialized court and efforts put in by a Family Court judge instead of on
outcome of the decree.
Maintenance cases pending in Family Court of Madhya Pradesh
It was found during the study that substantial number of case instituted and pending
fall under Sec. 125 of the CrPC. On study of case files and field visit it was observed
that the respondent are either unwilling to pay the maintenance amount or many a
times do not have financial position to pay the same. In interim maintenance cases, it
was observed that after grant of interim maintenance the party receiving the amount
becomes reluctant or unwilling to proceed with case further and also tries to adopt
delay tactics. This increases adjournments and life cycle of a case. If the life cycle of
these cases is reduced then the number of pending cases could also be reduced. To
address reasons of delay in Sec. 125 cases, the research team proposes following
suggestions:
I n such cases to avoid delay when a case for maintenance is instituted, principal
judge may make it mandatory for parties to attach sufficient documents giving
proof of income, or property etc.
Amount of interim maintenance be minimum and proportionate for sustenance
as wife is entitled in law to lead a life in similar manner as she would have lived
in the house of her husband.
The recovery officer involved in these cases must be of a senior rank and a
trained official.
Reducing delay in Service of Summons and Notice
It can be seen in Chart No. 3 and Table No. 7 (Chapter III), that service of summons
takes considerable amount of time and causes major delay. Further, during field study
judges of Family Courts expressed the problems faced in timely service of summons.
The research team proposes suggestion to address bottlenecks faced in this stage which
may be adopted as appropriate:
In Singapore, service of summons in family violence cases is done within a day or
maximum 3 days in case of summons without and attachment of expedite order.
There should be a court annexed coordination center to track service of
summons in Family Court.
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 160
Proper designated agency must be identified and attached with Family Courts
to expedite service of summons. In case the authority in charge of service of
summons does not respond then strict fines may be imposed.
Further, Principal Judge of the Family Court should have power to take action
against the defaulter in case of service of summons.
Alternate options for service of summons through email, SMS and other
messaging services under the heading ICT in Family Court above. These
alternate means could be adopted to reduce the time taken in service of
summons.
Critically old Cases
Cases which are pending for more than 5 years and above, be taken on board regularly
and marked year-wise for disposal. The categorization scheme mentioned above under
III. Court and Case Management may be followed whereby, the default cases and
cases with no activity could be separated and appropriate actions may be taken to
dispose off these cases.
VI. Infrastructure Improvements in Family Courts of Madhya Pradesh
During the field study and analysis of responses from Family Courts, it was found that
the Family Courts are in dire need of upgrading the available infrastructure to increase
the overall functioning of the Family Courts and reduce capacity gaps.
Key Findings:
Infr
ast
ruct
ure
Family Courts in many districts of Madhya Pradesh do not haveseparate buiding or court complex. These courts are operating indistrict courts.
Lack of proper setup for mediation and counselling
Insufficient space in courtrooms and lack of chambers forpresiding judges of Family Courts.
Lack of proper administrative setup i.e. no server rooms in someFamily Courts, no space for storage of records
Family Courts do not have any waiting room for parties or anyroom for children
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 161
Suggestions
Adequate infrastructure must be provided for following
1. Separate filing sections: The filing sections should not be in the courtroom but
a separate room to avoid disturbance and interruption during proceedings.
2. Separate room for children and waiting room for families.
3. Proper mediation center with small chambers for conducting mediation or
counselling for more than one party simultaneously.
4. Separate building for Family Courts or atleast a separate court complex for
Family Courts be made in districts where Family Courts are operating in
District Court building.
5. Proper courtrooms with adequate spacing, and other facilities be provided to
facilitate a dignified working place for the Family Court judges.
6. The court must be equipped with sign board and display board facilities along
with CCTV cameras to spread awareness to parties about mediation, for parties
to know their case status and to ensure safety respectively.
Lastly, the research team suggests that in future to find out the effectiveness of
specialized courts appropriate authority with the help of outside agency could conduct
a Court User Satisfaction Survey similar to the practice adopted in Australia to analyze
the accessibility of their Family Courts. For the purpose of illustration the “Court
Satisfaction Survey”58 of Australia has been annexed as Annexure 2.
The above mentioned suggestions could be summarized as, some suggestions and
recommendation require immediate attention of appropriate authority to bring a
change and improve the overall functioning of Family Courts of Madhya Pradesh
followed by those which could be adopted at later stages and lastly, suggestion which
may be adopted over years to bring the Family Courts of India at a global standard
including some futuristic goals.
58Family Court of Australia, Federal Circuit Court of Australia, “Court User Satisfaction Survey”,
Appendix A – 2014 Survey, pg. 46-56, (2015), Available at: http://www.federalcircuitcourt.gov.au
/wps/wcm/connect/fccweb/reports-and-publications/reports/2015/
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 162
BIBLIOGRAPHY
Statues:
India
The Code of Civil Procedure, 1908
The Code of Criminal procedure Code, 1973
The Dissolution of Muslim Marriage Act, 1939
The Family Court Act, 1984
The Guardians and Wards Act, 1890
The Hindu Adoptions and Maintenance Act, 1956
The Hindu Marriage Act, 1955
The Hindu Minority and Guardianship Act, 195
The Indian Divorce Act, 1869
The Muslim Personal Shariat Act, 1937
The Special Marriage Act, 1954
Australia
Family Law Act 1975
Singapore
Administration of Muslim Law Act (Cap. 3
Adoption of Children Act (Cap 4)
Enforcement) Act (Cap. 169)
Family Justice Act (Act 27 of 2014)
Family Justice Rules (2014)
Maintenance Orders (Reciprocal
New Zealand
Adoption (Inter-country) Act 1997
Adoption Act 1955
Care of Children Act 2004
Child Support Act 1991
Domestic Violence Act 1995
Family Court Act 1980
Family Dispute Resolution Act 2010
Family Proceedings Act 1980
Human Assisted Reproductive Technology Act 2004
Marriage Act 1955 and Civil Union Act 2004
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 163
Oranga Tamariki Act 1989
Property (Relationships) Act 1976
Status of Children Act 1969
Reports:
Divorce Courts, Case Management, Case Characteristics, and the pace of litigation
in 16 urban jurisdictions, National Center for State Courts.
Family Court of Australia Annual Report (2017-2018),
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-
publications/annual-reports/2017-18/2017-18-annual-report-toc
Family Court of Australia, Annual Report (2016-2017),
http://www.familycourt.gov.au/wps/wcm/connect/7456589e-fc98-409b-8d1c-
7b909bd30dcf/2743
Family Courts (Report on Working of Family Courts and Model Family Courts),
National Commission for Women, Report of the Workshop, March 2002
Report of the Royal Commission on the Courts
State Justice Institute, State Court. Caseload Statistics Annual Report, 1992
Books:
Agnes Flavia, Family Law Marriage, Divorce & Matrimonial Litigation, Vol. II
Oxford University Press, New Delhi
Eekelaar J & .Mclean M, Family Justice: The Work of Family Judges in Uncertain
Times (Oxford: Hart Publishing 2013)
Leong WK, Elements of Family Law in Singapore (LexisNexis, 2007)
Varma Ratan, Family Courts in India: An Appraisal of Strength & Limitation, Inter
India Publication, New Delhi
Articles:
Babb, A. Barbara, “Family Courts are here to stay, so let’s improve them”, Family
Court Review, Vol. 52 No. 4
Basu, Srimati, “Judges of Normality: Mediating marriage in the Family Courts of
Kolkatta, India”, Vol.37. No.2, The University of Chicago Press
Casals, Martin Miquel, “Divorce Mediation in Europe: An Introductory Outline”,
Electronic Journal of Comparative Law, Vol.9
Gramckow, Jeike and Walsh Barry, Developing Specialized Court Services,
International Experiences and Lessons Learned, Justice & development working
paper series.
Jane, M. Spinak, “Reforming Family Court: Getting it Right Between Rhetoric and
Reality”, Journal of Law & Policy, 31 (2009)
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 164
Janet, M. Bowermaster, “Sympathizing with Solomon: Choosing Between Parents in
a Mobile Society”, 31 University Louisville Journal of Family Law. 791, 795-96
(1992-93)
KJ, Keith, “New Zealand Family Law and International Law – A Comment with Some
Questions,” (2016) 47 Victoria University of Wellington Law Review
Kourlis Love Rebecca, Taylor Melinda, Schepard Andrew and Prueet Kline Marsha,
“IAALS’ Honoring Families Initiative: Courts and Communities Helping Families in
Transition arising from Separation or Divorce, Institute for the Advancement of the
American Legal System”, Family Court Review, Vol.51 No.3, July 2013
Lee, F. Stterfield, The New District of Columbia Family Court – Only the Beginning,
37 Family Law Quarterly.(2003)
Lim S, Ong KS and C Mohan, “Setting up a Unified Family Court in Singapore”,
1985 6 Sing L Rev 22
Ng, Kevil and Loi Yarni, “Family Courts-Innovations, Initiatives and Programmes”,
30 SACLJ (2018)
Robertson, Laura and Broadhurst, “Introducing Social Science Evidence in Family
Court Decision-Making and Adjudication: Evidence from England and Wales,
International Journal of law”, Policy and the Family, 2019
S, Quah “The Family Court: A Sociologist’s Perspective on Enlightened
Collaboration between Law and Social Sciences, 1993 SJLS 16.
Theresa, A. Furnaria, “Proposals for creating a realistic Family Court for the future”,
47 U. BALT. L/F (2017)
Victor, E. Flango, “Creating Family Friendly Courts: Lessons from Two Oregon
Counties”, 32 Family Law Quarterly 1998, 115
Vohra, Kritika, Mediation Matrimonial Disputes in India, Trends from the Bangalore
Mediation Centre.
Zukerman, T. Jacob, “The Annals of the American Academy of political and Social
Science”, Vol. 383, Origress in Family Law.
Online Resources:
‘Pendency a cause for concern, says CJI’, The Hindu, 04 February,
https://www.thehindu.com/news/national/andhra-pradesh/pendency-a-cause-for-
concern-says-cji/article26169645.ece Accessed on: 20/09/2019
A Joint Statement by the President of the Family Division and the HMCTS Family
Business Authority, https://www.judiciary.uk/wp-content/uploads/JCO/Documents/
Reports/single-family-court-guide-final-08042013.pdf
A Matter of Public Importance: Time for a Family Court of Australia”, Discussion
paper, July2018 https://www.nswbar.asn.au/docs/mediareleasedocs/FamilyCourt
MR2.pdf
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 165
About the Family Court,
https://www.courts.ri.gov/Courts/FamilyCourt/PDFs/AbouttheFamilyCourt.pdf
Cornell Law School,
https://www.law.cornell.edu/wex/category/family_personal_matters
Court User Satisfaction Survey, 2015, by the Family Court of Australia and Federal
Circuit Court.
http://www.courtexcellence.com/~/media/Microsites/Files/ICCE/User%20Satisfacti
on%20Survey.ashx
District court of New Zealand, https://www.districtcourts.govt.nz/reports-
publications-and-statistics/annual-reports/
E-courts services, https://ecourts.gov.in/ecourts_home/
Family Court Defended Statistics, http://www.districtcourts.govt.nz/reports-
publications-and-statistics/statistics-2017/family-court/defended-family-court-
statistics/
Family Court Justice, familyjusticeecourts.gov.sg
Family Court of Madhya Pradesh, https://familycourts.mphc.gov.in/
Family Court Undefended Statistics, http://www.districtcourts.govt.nz/reports-
publications-and-statistics/statistics-2018/family-court/undefended-family-court-
statistics/
Family Justice Initiative the Landscape of Domestic Relations Cases in State Courts
https://iaals.du.edu/sites/default/files/documents/publications/fji-landscape-
report.pdf
Family Mediation - Sorting out family disputes without going through court,
http://www.mediationeastsussex.co.uk/perch/resources/familymediationleafletweben
g.pdf
Family Mediation and Dispute Resolution:
https://www.familyrelationships.gov.au/separation/family-mediation-dispute-
resolution
Family Mediation in England and Wales: A guide for Judges, Magistrates and Legal
Advisors, https://www.judiciary.uk/wp-content/uploads/2014/06/mediation-guide-
for-judges-may2014.pdf
New Zealand Law Society, Family Justice Reforms,
https://www.justice.govt.nz/assets/Documents/Publications/Family-Court-rewrite-
submission-New-Zealand-Law-Society.pdf
Schedule 1: Allocation, the Family Court (Composition and Distribution of
Business) Rules 2014.
https://www.legislation.gov.uk/uksi/2014/840/schedule/1/made
The latest reform in the family jurisdiction, https://www.gov.uk/guidance/hmcts-
reform-update-family
An Analysis of Pendency of Cases in Family Courts of Madhya Pradesh and Methods to Reduce Pendency
National Judicial Academy, India 166
Other Materials:
Burton, Frances, Compulsory Mediation in the Civil and Family Courts: Opportunity
or threat?, Aston Universities, Birmingham, UK
Differentiated Case flow Management in family law: A Guide to Efficiency and
Access, Family law Resource Guidelines
Justice Abella, ‘The Challenge of Change’, (1998) Speech to the 8th National Family
Law Conference, Hobart Tasmania, 25 October 1998, 2-3
Justice Lokur, B. Madan, Case Management through Court Annexed Mediation and
other developments.
Mary and Glendon, The Transformation of Family Law: State, Law, and Family in
the United States and Western Europe, (1989)
National Council of Juvenile and Family Court Judges, The Modern Family Court
Judge: Knowledge, Qualities, and Skills for Success, Institute for the Advancement
of the American Legal System
National Initiative to Reduce Pendency and Delay in Judicial System, Organized by
Supreme Court of India in Collaboration with the Indian Law Institute.
The National Consultation for Strengthening the Judiciary towards Reducing
Pendency and Delays.
ANNEXURE 1
Suggestive List of Topics for Continuous Training Modules for Family Court
Judges that may be incorporated by State Judicial Academies
1. The role of family court judge in maintenance and divorce proceedings
2. Developing relevant judicial persona to preside over family disputes
3. Simplified procedures for Court management
4. Child custody and guardianship including child support and welfare
5. Case management through categorization: Contested and uncontested cases
6. Gender justice and gender bias: Maintaining equilibrium
7. Interpersonal skills, including interviewing and counselling, especially with
parties in emotional distress
8. Evidentiary issues in family law cases
9. Property division, including business valuation
10. Adoption and Guardianship
11. Complying with Indian Child Welfare statutes
12. Managing and interacting with self-represented litigants
13. Alternative Dispute resolution techniques in Family Disputes
14. Effectiveness of counselling in Family Courts
15. Court-annexed services by Family Courts
16. Courtroom safety and judicial security
17. Communication skills and techniques for effective resolution of family disputes
18. Intensive use of technology in Family Courts
19. Developing leadership skills
20. Stress Management
Court UserSatisfaction Survey
2015
42
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
AppendixA–2014SURVEY
Page 1
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey
Thank you for participating in this survey online. The Courts value the work of the legal profession and are very interested in your views as regular court users. This survey includes some questions which are designed for face to face interviews at Registry. Therefore, you do not need to complete Questions 2 to 4 (as you are responding online). Just skip those questions please. Please be assured that all survey responses are anonymous. This feedback will guide us in relation to planning improvements. This survey should only take about 10 minutes or less.
1. Registry:
2. Interviewer Name: (Questions 2 to 4 are only for face to face interviews and need not be completed if you are responding online)
3. Interview Details:
4. What was the primary purpose of your visit to court?
DD MM YYYY HH MM AM/PM
Date & Start Time
/ / : 6
Attend a court hearing
nmlkj
Attend a Registrar conference (family law)
nmlkj
Attend mediation with a Registrar of the Federal Court (not family law)
nmlkj
Attend an appointment with a Family Consultant
nmlkj
General enquiry
nmlkj
File papers
nmlkj
Search Out Records/Obtain Documents
nmlkj
Support family and/or friends
nmlkj
Other (please specify)
nmlkj
55
66
Other
43
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 2
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey5. Which court did you attend (or for practitioners, in which Court(s) do you practice/appear)?
6. What is your role?
7. (Questions 7 to 12 are ONLY for clients who indicated in Question 6 that they are an applicant without a lawyer or respondent without a lawyer. Otherwise skip to Question 13) We are interested in the reasons why you are not legally represented?
Federal Circuit Court (FCC) Family Law
nmlkj
Federal Circuit Court (FCC) General Federal Law
nmlkj
Family Court
nmlkj
Unsure
nmlkj
None of the above
nmlkj
Lawyer
nmlkj
Paralegal/Filing Clerk
nmlkj
Applicant represented by a lawyer
nmlkj
Applicant represented by a duty lawyer
nmlkj
Applicant without a lawyer (Please complete Question 7 to 12)
nmlkj
Respondent represented by a lawyer
nmlkj
Respondent represented by a duty lawyer
nmlkj
Respondent without a lawyer (Please complete Question 7 to 12)
nmlkj
Friend/relative
nmlkj
Other
nmlkj
If you answer Lawyer or Paralegal/Filing Clerk and your attendance relates to family law, please skip to Q24 If you answer Lawyer or Paralegal/Filing Clerk and your attendance relates to general federal law, please skip to Q26
Unable to afford legal representation
gfedc
Ineligible for legal aid
gfedc
Prefer to present your own case
gfedc
Other (please specify)
55
66
44
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 3
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey8. Have you been involved in a court action before?
9. We are interested to understand whether you have obtained legal advice or representation at any stage previously?
10. If yes, we are interested to understand, what service(s) you accessed and where you obtained assistance:
11. Can you comment on whether this service or these services were helpful to you.
Yes
gfedc
No
gfedc
Yes
gfedc
No
gfedc
A private lawyer
gfedc
A community Legal Service.
gfedc
A probono legal assistance service.
gfedc
A State or Commonwealth Legal Aid Service.
gfedc
Other (please specify)
Yes
nmlkj
No
nmlkj
Please make any comments you can about how these services assisted you in managing or resolving your dispute.
55
66
45
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 4
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey12. We are interested in your experience as someone representing yourself. Please indicate how difficult the following aspects have been for you while representing your case.
13. What is your age?
14. What is your postcode?
15. What is your gender?
Very Easy Easy ModerateSomewhat
HardHard Very Hard
Preparing documents for filing nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Using the courts portal to efile or access documents nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Appearing before a registrar in court nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Appearing before a judge nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Asking questions of witnesses in court, ie cross examination.
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Attending for interviews with a court family consultant or an external expert for the purpose of preparing a report for the court
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Attending a conference with the other party and a Registrar/Family Consultant to try to resolve your dispute.
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Other, please comment below. nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
We would welcome your comments about why these or any other aspects of representing your case may have been difficult for you.
55
66
< 20
nmlkj
20 to 30
nmlkj
31 to 40
nmlkj
41 to 50
nmlkj
51 to 60
nmlkj
61 and above
nmlkj
Prefer not to answer
nmlkj
Female
nmlkj
Male
nmlkj
X= Indeterminate, Intersex, Unspecified
nmlkj
46
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 5
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey16. Do you speak a language other than English at home?
17. If yes, please specify that language?
18. Do you identify as ATSI?
19. If yes, as?
20. What is your highest level of education?
21. What is your family income?
Yes
nmlkj
No
nmlkj
Yes
nmlkj
No
nmlkj
Aboriginal
nmlkj
Torres Strait Islander
nmlkj
Aboriginal and Torres Strait Islander
nmlkj
Primary
nmlkj
Secondary
nmlkj
Trade
nmlkj
University
nmlkj
< than $50k per year
nmlkj
$5080k per year
nmlkj
$80120k per year
nmlkj
> than $120k per year
nmlkj
Prefer not to answer
nmlkj
47
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 6
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey22. (If you are attending about a Federal Circuit Court General Federal Law Matter please skip to Question 26) Question 22 to 25 are for family law client only (either Family Court or Federal Circuit Court) What is your current marital status?
23. How many children do you have?
24. What type of matter brought you to the court?
25. If you are here Final/interim orders, what type of orders are you seeking?
Married
nmlkj
Divorced
nmlkj
Separated
nmlkj
De facto
nmlkj
Single
nmlkj
0
nmlkj
1
nmlkj
2
nmlkj
3
nmlkj
4
nmlkj
5 or more
nmlkj
Divorce proceedings
nmlkj
Final/interim orders
nmlkj
Other (please specify)
nmlkj
Children issues
nmlkj
Financial issues
nmlkj
Both children/financial issues
nmlkj
Other (please specify)
nmlkj
48
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 7
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey26. This question is for clients attending the Federal Circuit Court General Federal Law ONLY What type of matter brought you to the Court?
27. (The remainder of the questions are for all clients) Who did you see?
28. Approximately how long has this proceeding been on foot since the filing of the initial application?
Admirality
gfedc
Appeal
gfedc
Bankruptcy
gfedc
Corporations
gfedc
Human Rights
gfedc
Intellectual Property
gfedc
Migration
gfedc
Native Title
gfedc
Taxation
gfedc
Trade Practices
gfedc
Workplace Relations
gfedc
Other (please specify)
Counter staff
gfedc
Administrative staff in the court room
gfedc
Registrar
gfedc
Family Consultant
gfedc
Judicial Officer
gfedc
Other (please specify)
gfedc
0 to 3 months
gfedc
3 to 6 months
gfedc
6 to 12 months
gfedc
1 to 2 years
gfedc
2 years or more
gfedc
49
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 8
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey29. How many times have you visited the court?
Thank you for that information. Now we wish to ask you a few questions about your experience at the court.
30. About the court building and facilities
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
Finding the court building was easy nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Finding your way around the court was easy nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
You felt safe in the court environment nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
You felt safe in the courtroom nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
There were sufficient facilities e.g. seating areas nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
31. About the people you met (staff, registrars, consultants, judicial officers etc.)
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
They treated you professionally and respectfully nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
They attended to you promptly nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
They answered your enquiry directly nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
In general, you were satisfied with the service provided
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
32. About the court process
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
The forms you needed were clear and easy to understand
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
The procedural advice from staff was easily understood
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
The payment facilities are easy to use nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
First time
nmlkj
Several times
nmlkj
Regularly (e.g. many times per year)
nmlkj
(if you disagree, it would be helpful to us if you could indicate in the comments why)
(if you disagree or answer not applicable, it wold be helpful to us if you could indicate in the comments why.)
(if you disagree or answer not applicable, it would be helpful to us if you could indicate in the comments why.)
50
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 9
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey
36. What, if anything, impressed you most about your experience with the courts?
37. What, if anything, would have improved your experience with the courts?
And finally, a few questions on the technology and other services
33. About the day at court
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
You received plenty of notice leading up to your attendance
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
You were clear about what was to happen during your attendance
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Your matter took the time you were expecting nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
You understand what is to happen next in your matter
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
34. About your hearing (in the courtroom)
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
The way in which my case was handled was fair nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
The Judicial Officer listened and led the hearing well
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
Your matter started on time nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
You were treated the same as everyone else nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
35. Overall (and disregarding the outcome of your case)
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
You were generally satisfied with your visit to the court
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
(if you disagree, it would be helpful to us if you could indicate in the comments why.)
55
66
55
66
(if you disagree or answer not applicable, it would be helpful to us if you could indicate in the comments why.)
(if you disagree or answer not applicable, it would be helpful to us if you could indicate in the comments why.)
51
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 10
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey38. Which of the following websites have you used?
40. Have you filed court documents electronically through the Commonwealth Court Portal?
41. Do you know it is possible to file documents electronically?
43. Have you used the courts' national telephone service (National Enquiry Service on 1300 352 000)
39. About your experience with the website(s)
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
You found the Courts' website easy to use nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
You found the information needed quickly nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
42. If you have filed documents electronically
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
You found the Courts' Commonwealth Portal of assistance
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
(if you disagree, it would be helpful to us to indicate why.)
Family Law Courts (www.familylawcourts.gov.au)
gfedc
Family Court (www.familycourt.gov.au)
gfedc
Federal Circuit Court (www.federalcircuitcourt.gov.au)
gfedc
Not sure
gfedc
None
gfedc
Any other website (please specify)
(if you disagree, it would be helpful to us to indicate why.)
Yes
gfedc
No
gfedc
Comments:
Yes
gfedc
No
gfedc
Yes
gfedc
No
gfedc
52
Cou
rt U
ser
Sati
sfac
tion
Sur
vey
– 2
01
5
Page 11
Court User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction SurveyCourt User Satisfaction Survey
45. Do you have any other general comments about the courts' technology services.
46. The courts are considering moving away from accepting cash and cheques to be replaced by more credit/debit card payment options at the counter, phone, and online. How would that change affect you?
47. Many thanks for assisting us with this survey. Signed (Interviewer) End Time:
44. If you have
Strongly disagree
DisagreeNeither
agree nor disagree
AgreeStrongly
agreeN/A
You found the National Enquiry Centre helpful and professional
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
You found the National Enquiry Centre quick and responsive.
nmlkj nmlkj nmlkj nmlkj nmlkj nmlkj
55
66
significantly inconvenience some inconvenience no impact some benefit significantly benefit
nmlkj nmlkj nmlkj nmlkj nmlkj
HH MM AM/PM
Time : 6
(if you disagree, it would be helpful to us to indicate why.)
Comments:
55
66
ANNEXURE 3
Australia Family Court Website
Singapore Family Court Website
New Zealand Family Court Website
United Kingdom Family Court Website
[Published in Gazette of India, Extraordinary, Part II, section 3, sub-section (i), dated 2nd June 1988]
MINISTRY OF LAW AND JUSTICE
(Department of Justice)
NOTIFICATION
New Delhi, the 31st May 1988
G. S. R. 678(E).—In exercise of the powers conferred by sub-section (I) of section 22 of the Family Courts Act, 1984 (66 of 1984), the Central Government, with the concurrence of the Chief Justice of India, hereby makes the following Rules, namely:—
1. Short title and commencement—(J) These rules may be called “ the Family Courts (Other Qualification for appointment of Judges) Rules, 1988 ”.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Other qualifications for appointment of a Judge.—A person shall not be qualified for appointment as a Judge of a Family Court unless he fulfills the conditions specified in clause (a) or clause (b) of sub-section (3) of section 4 of the Family Courts Act, 1984 (66 of 1984) or possess the following other qualifications, namely:—
(0 a Post-Graduate in Law with specialisation in Personal Laws;
OR
a Post-Graduate degree in Social Sciences such as Master of Social Welfare, Sociology, Psychology/Philosophy with a Degree in Law; and
(£0 at least seven years experience in field work/research or of teaching in a Government Department or in a College/University or a comparable academic institute, with special reference to problem of women and children;
OR
seven years’ experience in the examination and/or application of Central/State Laws relating to marriage, divorce, maintenance, guardianship, adoption and other family disputes.
3. Decision of questions.— If any question arises about the interpretation of the provisions of these Rules, the Central Government shall decide the same.
[ F.- No. 79-1 -85-Jus (JR) ]J. S. BADHAN, JT. SECY.
J-3S-3
Top Related